The Transitional Constitution of the Republic of South Sudan, 2011
Table of Contents
PREAMBLE 3
PART ONE - SOUTH SUDAN AND THE CONSTITUTION 3
PART TWO - BILL OF RIGHTS 5
PART THREE - FUNDAMENTAL OBJECTIVES AND GUIDING PRINCIPLES 9 CHAPTER I - OBJECTIVES AND PRINCIPLES 9 CHAPTER II - CITIZENSHIP AND NATIONALITY 12 CHAPTER III - THE DECENTRALIZED SYSTEM OF GOVERNANCE 13
PART FOUR - THE NATIONAL GOVERNMENT 14
PART FIVE - THE NATIONAL LEGISLATURE 14 CHAPTER I - ESTABLISHMENT, COMPOSITION AND FUNCTIONS 14 CHAPTER II - INTERIM PROVISIONS 24
PART SIX - THE NATIONAL EXECUTIVE 24 CHAPTER I - ESTABLISHMENT, COMPOSITION AND POWERS 24 CHAPTER II - THE PRESIDENT OF THE REPUBLIC 24 CHAPTER III - THE NATIONAL COUNCIL OF MINISTERS 28
PART SEVEN - THE JUDICIARY 30
PART EIGHT - PUBLIC ATTORNEYS AND ADVOCACY 33
PART NINE - THE CIVIL SERVICE, INDEPENDENT INSTITUTIONS AND COMMISSIONS 34 CHAPTER I - THE CIVIL SERVICE 34 CHAPTER II - INDEPENDENT INSTITUTIONS AND COMMISSIONS 35 CHAPTER III - ANTI-CORRUPTION COMMISSION 36 CHAPTER IV - HUMAN RIGHTS COMMISSION 36 CHAPTER V - PUBLIC GRIEVANCES CHAMBER 37 CHAPTER VI - RELIEF AND REHABILITATION COMMISSION 37 CHAPTER VII - DEMOBILIZATION, DISARMAMENT AND RE-INTEGRATION COMMISSION 38 CHAPTER VIII - HIV/AIDS COMMISSION 38
PART TEN - ARMED FORCES, LAW ENFORCEMENT AGENCIES AND SECURITY 38 CHAPTER I - ARMED FORCES 38 CHAPTER II - LAW ENFORCEMENT AGENCIES 39 CHAPTER III - NATIONAL SECURITY 41
PART ELEVEN - THE STATES, LOCAL GOVERNMENT AND TRADITIONAL AUTHORITY 41 CHAPTER I - STATES OF SOUTH SUDAN 41 CHAPTER II - LOCAL GOVERNMENT 43
PART TWELVE - FINANCE AND ECONOMIC MATTERS 44 CHAPTER I - GUIDING PRINCIPLES FOR DEVELOPMENT AND EQUITABLE SHARING OF NATIONAL
WEALTH 44 CHAPTER II - LAND OWNERSHIP, TENURE AND NATURAL RESOURCES 45 CHAPTER III - PETROLEUM AND GAS DEVELOPMENT AND MANAGEMENT 46 CHAPTER IV - SOURCES OF REVENUE 47
CHAPTER V - FISCAL AND FINANCIAL INSTITUTIONS 48 CHAPTER VI - BANKING IN SOUTH SUDAN 49 CHAPTER VII - ACCOUNTING STANDARDS 50 CHAPTER VIII - INTERSTATE TRADE, COMMERCE AND LIABILITIES AND ASSETS 51
PART THIRTEEN - STATE OF EMERGENCY AND DECLARATION OF WAR 51
PART FOURTEEN - CENSUS, REFERENDA AND ELECTIONS 52 CHAPTER I - CENSUS AND STATISTICS 52 CHAPTER II - REFERENDA 53 CHAPTER III - ELECTIONS 53
PART FIFTEEN - MISCELLANEOUS PROVISIONS 53
PART SIXTEEN - TRANSITIONAL PROVISIONS AND THE PERMANENT CONSTITUTION PROCESS 54 CHAPTER I - TRANSITIONAL PROVISIONS 54 CHAPTER II - PERMANENT CONSTITUTION PROCESS 54
Schedule (A) - National Powers 56
Schedule (B) - Powers of States 57
Schedule (C) - Concurrent Powers 58
Schedule (D) - Residual Powers 58
Schedule (E) - Resolution of Conflicts in Respect of Concurrent Powers 58
PREAMBLE
We, the People of South Sudan,
Grateful to the Almighty God for giving the people of South Sudan the wisdom and courage to
determine their destiny and future through a free, transparent and peaceful referendum in
accordance with the provisions of the Comprehensive Peace Agreement, 2005;
Recalling our long and heroic struggle for justice, freedom, equality and dignity in South Sudan;
Remembering and inspired by the selfless sacrifices of our martyrs, heroes and heroines;
Dedicated to a genuine national healing process and the building of trust and confidence in our
society through dialogue;
Determined to lay the foundation for a united, peaceful and prosperous society based on justice,
equality, respect for human rights and the rule of law;
Committed to establishing a decentralized democratic multi-party system of governance in which
power shall be peacefully transferred and to upholding values of human dignity and equal rights and
duties of men and women;
Conscious of the need to manage our natural resources sustainably and efficiently for the benefit of
the present and future generations and to eradicate poverty and attain theMillennium Development
Goals;
Do hereby, through this Southern Sudan Legislative Assembly, amend the Interim Constitution of
Southern Sudan, 2005, which shall be adopted and hereafter referred to as the “Transitional
Constitution of the Republic of South Sudan, 2011,” and shall be the supreme law by which the
independent and sovereign South Sudan shall be governed during the Transitional Period, and
undertake to abide by, respect and defend it.
PART ONE - SOUTH SUDAN AND THE CONSTITUTION
Article 1
The Republic of South Sudan and its Territory
(1) South Sudan is a sovereign and independent Republic, and it shall be known as “The Republic of
South Sudan.”
(2) The territory of the Republic of South Sudan comprises-
(a) all lands and air space that constituted the three former Southern Provinces of Bahr el
Ghazal, Equatoria and Upper Nile in their boundaries as they stood on January 1, 1956;
and
(b) the Abyei Area, the territory of the nine Ngok Dinka chiefdoms transferred from Bahr el
Ghazal Province to Kordofan Province in 1905 as defined by the Abyei Arbitration
Tribunal Award of July 2009 in the event that the resolution of the final status of the
Abyei Area results in the Area becoming part of the Republic of South Sudan.
(3) The Republic of South Sudan is bordered by Sudan in the north, Ethiopia in the east, Kenya and
Uganda in the south, the Democratic Republic of Congo in the southwest and the Central African
Republic in the west.
(4) South Sudan is governed on the basis of a decentralized democratic system and is an all
embracing homeland for its people. It is a multi-ethnic, multi-cultural, multi-lingual, multi-
religious and multi-racial entity where such diversities peacefully co-exist.
(5) South Sudan is founded on justice, equality, respect for human dignity and advancement of
human rights and fundamental freedoms.
Article 2
Sovereignty
Sovereignty is vested in the people and shall be exercised by the State through its democratic and
representative institutions established by this Constitution and the law.
Article 3
Supremacy of the Constitution
(1) This Constitution derives its authority from the will of the people and shall be the supreme law
of the land. It shall have a binding force on all persons, institutions, organs and agencies of
government throughout the Country.
(2) The authority of government at all levels shall derive from this Constitution and the law.
(3) The states’ constitutions and all laws shall conform to this Constitution.
Article 4
Defence of the Constitution
(1) No person or group of persons shall take or retain control of State power except in accordance
with this Constitution.
(2) Any person or group of persons who attempt(s) to overthrow the constitutional government, or
suspend or abrogate this Constitution commits treason.
(3) Every citizen shall have the duty to resist any person or group of persons seeking to overthrow
the constitutional government, or suspend or abrogate this Constitution.
(4) All levels of government shall promote public awareness of this Constitution by translating it
into national languages and disseminating it as widely as possible. They shall provide for the
teaching of this Constitution in all public and private educational and training institutions as well
as in the armed and other regular forces, by regularly transmitting and publishing programmes
in respect thereof through the media and press.
Article 5
Sources of Legislation
The sources of legislation in South Sudan shall be:
(a) this Constitution;
(b) written law;
(c) customs and traditions of the people;
(d) the will of the people; and
(e) any other relevant source.
Article 6
Language
(1) All indigenous languages of South Sudan are national languages and shall be respected,
developed and promoted.
(2) English shall be the official working language in the Republic of South Sudan, as well as the
language of instruction at all levels of education.
(3) The State shall promote the development of a sign language for the benefit of people with
special needs.
Article 7
National Symbols
The flag, emblem, national anthem, coat of arms, public seal, medals, festivals and commemorations
of the State shall be prescribed by law.
Article 8
Religion
(1) Religion and State shall be separate.
(2) All religions shall be treated equally and religion or religious beliefs shall not be used for divisive
purposes.
PART TWO - BILL OF RIGHTS
Article 9
Nature of the Bill of Rights
(1) The Bill of Rights is a covenant among the people of South Sudan and between them and their
government at every level and a commitment to respect and promote human rights and
fundamental freedoms enshrined in this Constitution; it is the cornerstone of social justice,
equality and democracy.
(2) The rights and freedoms of individuals and groups enshrined in this Bill shall be respected,
upheld and promoted by all organs and agencies of Government and by all persons.
(3) All rights and freedoms enshrined in international human rights treaties, covenants and
instruments ratified or acceded to by the Republic of South Sudan shall be an integral part of
this Bill.
(4) This Bill of Rights shall be upheld by the Supreme Court and other competent courts and
monitored by the Human Rights Commission.
Article 10
Sanctity of Rights and Freedoms
Subject to Article 190 herein, no derogation from the rights and freedoms enshrined in this Bill shall
be made. The Bill of Rights shall be upheld, protected and applied by the Supreme Court and other
competent courts; the Human Rights Commission shall monitor its application in accordance with this
Constitution and the law.
Article 11
Life and Human Dignity
Every person has the inherent right to life, dignity and the integrity of his or her person which shall be
protected by law; no one shall be arbitrarily deprived of his or her life.
Article 12
Personal Liberty
Every person has the right to liberty and security of person; no person shall be subjected to arrest,
detention, deprivation or restriction of his or her liberty except for specified reasons and in
accordance with procedures prescribed by law.
Article 13
Freedom from Slavery, Servitude and Forced Labour
(1) Slavery and slave trade in all forms are prohibited. No person shall be held in slavery or
servitude.
(2) No person shall be required to perform forced or compulsory labour except as a penalty upon
conviction by a competent court of law.
Article 14
Equality before the Law
All persons are equal before the law and are entitled to the equal protection of the law without
discrimination as to race, ethnic origin, colour, sex, language, religious creed, political opinion, birth,
locality or social status.
Article 15
Right to found a Family
Every person of marriageable age shall have the right to marry a person of the opposite sex and to
found a family according to their respective family laws, and no marriage shall be entered into
without the free and full consent of the man and woman intending to marry.
Article 16
Rights of Women
(1) Women shall be accorded full and equal dignity of the person with men.
(2) Women shall have the right to equal pay for equal work and other related benefits with men.
(3) Women shall have the right to participate equally with men in public life.
(4) All levels of government shall:
(a) promote women participation in public life and their representation in the legislative
and executive organs by at least twenty-five per cent as an affirmative action to redress
imbalances created by history, customs, and traditions;
(b) enact laws to combat harmful customs and traditions which undermine the dignity and
status of women; and
(c) provide maternity and child care and medical care for pregnant and lactating women.
(5) Women shall have the right to own property and share in the estates of their deceased
husbands together with any surviving legal heir of the deceased.
Article 17
Rights of the Child
(1) Every child has the right:
(a) to life, survival and development;
(b) to a name and nationality;
(c) to know and be cared for by his or her parents or legal guardian;
(d) not to be subjected to exploitative practices or abuse, nor to be required to serve in the
army nor permitted to perform work which may be hazardous or harmful to his or her
education, health or well-being;
(e) to be free from any form of discrimination;
(f) to be free from corporal punishment and cruel and inhuman treatment by any person
including parents, school administrations and other institutions;
(g) not to be subjected to negative and harmful cultural practices which affect his or her
health, welfare or dignity; and
(h) to be protected from abduction and trafficking.
(2) In all actions concerning children undertaken by public and private welfare institutions, courts of
law, administrative authorities or legislative bodies, the paramount consideration shall be the
best interest of the child.
(3) All levels of government shall accord special protection to orphans and other vulnerable
children; child adoption shall be regulated by law.
(4) For the purposes of this Constitution, a child is any person under the age of eighteen years.
Article 18
Freedom from Torture
No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 19
Fair Trial
(1) An accused person is presumed to be innocent until his or her guilt is proved according to the
law.
(2) Any person who is arrested shall be informed, at the time of arrest, of the reasons for his or her
arrest and shall be promptly informed of any charges against him or her.
(3) In all civil and criminal proceedings, every person shall be entitled to a fair and public hearing by
a competent court of law in accordance with procedures prescribed by law.
(4) A person arrested by the police as part of an investigation, may be held in detention, for a
period not exceeding 24 hours and if not released on bond to be produced in court. The court
has authority to either remand the accused in prison or to release him or her on bail.
(5) No person shall be charged with any act or omission which did not constitute an offence at the
time of its commission.
(6) Every accused person shall be entitled to be tried in his or her presence in any criminal trial
without undue delay; the law shall regulate trial in absentia.
(7) Any accused person has the right to defend himself or herself in person or througha lawyer of
his or her own choice or to have legal aid assigned to him or her bythe government where he or
she cannot afford a lawyer to defend him or her in any serious offence.
Article 20
Right to Litigation
The right to litigation shall be guaranteed for all persons; no person shall be denied the right to resort
to courts of law to redress grievances whether against government or any individual or organization.
Article 21
Restriction on Death Penalty
(1) No death penalty shall be imposed, save as punishment for extremely serious offences in
accordance with the law.
(2) No death penalty shall be imposed on a person under the age of eighteen or a person who has
attained the age of seventy.
(3) No death penalty shall be executed upon a pregnant or lactating woman, save after two years of
lactation.
Article 22
Privacy
The privacy of all persons shall be inviolable; no person shall be subjected to interference with his or
her private life, family, home or correspondence, save in accordance with the law.
Article 23
Religious Rights
The following religious rights are guaranteed by this Constitution:
(a) the right to worship or assemble in connection with any religion or belief and to
establish and maintain places for these purposes;
(b) the right to establish and maintain appropriate faith-based, charitable or humanitarian
institutions;
(c) the right to acquire, possess and own movable and/or immovable property and make,
acquire and use the necessary articles and materials related to the rites or customs of
religion or belief;
(d) the right to write, issue and disseminate religious publications;
(e) the right to teach religion or beliefs in places suitable for these purposes;
(f) the right to solicit and receive voluntary financial and other contributions from
individuals, private and public institutions;
(g) the right to train, appoint, elect or designate by succession appropriate religious leaders
called for by the requirements and standards of any religion or belief;
(h) the right to observe days of rest, celebrate holidays and ceremonies in accordance with
the precepts of religious beliefs; and
(i) the right to communicate with individuals and communities in matters of religion and
beliefs at national and international levels.
Article 24
Freedom of Expression and Media
(1) Every citizen shall have the right to the freedom of expression, reception and dissemination of
information, publication, and access to the press without prejudice to public order, safety or
morals as prescribed by law.
(2) All levels of government shall guarantee the freedom of the press and other media as shall be
regulated by law in a democratic society.
(3) All media shall abide by professional ethics.
Article 25
Freedom of Assembly and Association
(1) The right to peaceful assembly is recognized and guaranteed; every person shall have the right
to freedom of association with others, including the right to form or join political parties,
associations and trade or professional unions for the protection of his or her interests.
(2) Formation and registration of political parties, associations and trade unions shall be regulated
by law as is necessary in a democratic society.
(3) No association shall function as a political party at the National or state level unless it has:
(a) its membership open to any South Sudanese irrespective of religion, gender, ethnic
origin or place of birth;
(b) a programme that does not contradict the provisions of this Constitution;
(c) a democratically elected leadership and institutions; and
(d) disclosed and transparent sources of funding.
Article 26
Right to Participation and Voting
(1) Every citizen shall have the right to take part in any level of government directly or through
freely chosen representative, and shall have the right to nominate himself or herself or be
nominated for a public post or office in accordance with this Constitution and the law.
(2) Every citizen shall have the right to vote or be elected in accordance with this Constitution and
the law.
Article 27
Freedom of Movement and Residence
(1) Every citizen shall have the right to freedom of movement and the liberty to choose his or her
residence except for reasons of public health and safety as shall be regulated by law.
(2) Every citizen shall have the right to leave and or return to South Sudan.
Article 28
Right to Own Property
(1) Every person shall have the right to acquire or own property as regulated by law.
(2) No private property may be expropriated save by law in the public interest and in consideration
for prompt and fair compensation. No private property shall be confiscated save by an order of a
court of law.
Article 29
Right to Education
(1) Education is a right for every citizen and all levels of government shall provide access to
education without discrimination as to religion, race, ethnicity, health status including HIV/AIDS,
gender or disability.
(2) All levels of government shall promote education at all levels and shall ensure free and
compulsory education at the primary level; they shall also provide free illiteracy eradication
programmes.
Article 30
Rights of Persons with Special Needs and the Elderly
(1) All levels of government shall guarantee to persons with disabilities or special needs
participation in society and the enjoyment of rights and freedoms set out in this Constitution,
especially access to public utilities, suitable education and employment.
(2) The elderly and persons with disabilities or special needs shall have the right to the respect of
their dignity. They shall be provided with the necessary care and medical services as shall be
regulated by law.
Article 31
Public Health Care
All levels of government shall promote public health, establish, rehabilitate and develop basic medical
and diagnostic institutions and provide free primary health care and emergency services for all
citizens.
Article 32
Right of Access to Information
Every citizen has the right of access to official information and records, including electronic records in
the possession of any level of government or any organ or agency thereof, except where the release
of such information is likely to prejudice public security or the right to privacy of any other person.
Article 33
Rights of Ethnic and Cultural Communities
Ethnic and cultural communities shall have the right to freely enjoy and develop their particular
cultures. Members of such communities shall have the right to practice their beliefs, use their
languages, observe their religions and raise their children within the context of their respective
cultures and customs in accordance with this Constitution and the law.
Article 34
Right to Housing
(1) Every citizen has the right to have access to decent housing.
(2) The State shall formulate policies and take reasonable legislative measures within its available
resources to achieve the progressive realization of these rights.
(3) No one shall be evicted from his or her lawfully acquired home or have his or her home
demolished save in accordance with the law.
PART THREE - FUNDAMENTAL OBJECTIVES AND GUIDING PRINCIPLES
CHAPTER I - OBJECTIVES AND PRINCIPLES
Article 35
Guiding Objectives and Principles
(1) All levels of government and their organs, institutions and citizens shall be guided by the
objectives and principles contained in this Constitution.
(2) This Constitution shall be interpreted and applied to advance the individual dignity and address
the particular needs of the people by dedicating public resources and focusing attention on the
provision of gainful employment for the people, and improving their lives by building roads,
schools, airports, community institutions, hospitals, providing clean water, food security, electric
power and telecommunication services to every part of the country.
Article 36
Political Objectives
(1) All levels of government shall promote democratic principles and political pluralism, and shall be
guided by the principles of decentralization and devolution of power to the people through the
appropriate levels of government where they can best manage and direct their affairs.
(2) All levels of government shall:
(a) promote and consolidate peace and create a secure and stable political environment for
socio-economic development;
(b) initiate a comprehensive process of national reconciliation and healing that shall
promote national harmony, unity and peaceful co-existence among the people of South
Sudan;
(c) inculcate in the people a culture of peace, unity, cooperation, understanding, tolerance
and respect for customs, traditions and beliefs of each other; and
(d) mobilize popular energies and resources for reconstruction and development.
(3) The security and welfare of the people of South Sudan shall be the primary duty of all levels of
government.
(4) The composition of governments shall take into account ethnic, regional and social diversity in
order to promote national unity and command national loyalty.
(5) All public offices shall be held in trust for the people and all persons in positions of leadership
and responsibility shall be answerable to the people in their work and duties.
Article 37
Economic Objectives
(1) The principal objective of the economic development strategy shall be the:
(a) eradication of poverty;
(b) attainment of the Millennium Development Goals;
(c) guaranteeing the equitable distribution of wealth;
(d) redressing imbalances of income; and
(e) achieving a decent standard of life for the people of South Sudan.
(2) All levels of government shall:
(a) develop and regulate the economy in order to achieve prosperity through policies
aimed at increasing production, creating an efficient and self-reliant economy and
encouraging free market and prohibition of monopoly;
(b) protect and ensure the sustainable management and utilization of natural resources
including land, water, petroleum, minerals, fauna and flora for the benefit of the
people;
(c) facilitate the development of the private sector, particularly indigenous entrepreneurs
to establish and develop a viable private sector capable of participating effectively in
reconstruction and development;
(d) promote private initiative and self-reliance and take all necessary steps to involve the
people in the formulation and implementation of development plans and programmes
that affect them and to enhance as well their right to equal opportunities in
development;
(e) promote agricultural, industrial and technological development by adopting appropriate
policies and legislation for the encouragement and attraction of local and foreign
investment; and
(f) take necessary measures to bring about balanced, integrated and equitable
development of different areas and to encourage and expedite rural development as a
strategy for averting urban-biased development and policies that have been responsible
for the neglect of rural communities.
(3) The State shall ensure that National wealth is equitably shared among all levels of government
for the welfare of the people.
Article 38
Education, Science, Art and Culture
(1) All levels of government shall:
(a) promote education at their respective levels to create the necessary qualified cadres for
development;
(b) mobilize public, private and communal resources and capabilities for education and
promotion of scientific research geared towards development;
(c) encourage and promote arts and craft and foster their patronization by government
institutions and citizens;
(d) recognize cultural diversity and encourage such diverse cultures to harmoniously
flourish and find expression through education and the media;
(e) protect cultural heritage, monuments and places of national, historic or religious
importance from destruction, desecration, unlawful removal or illegal export; and
(f) protect, preserve and promote the cultures of the people which enhance their human
dignity and are consistent with the fundamental objectives and principles set out in this
Chapter.
(2) The National Government shall:
(a) guarantee academic freedom in institutions of higher education and protect
(b) the freedom of scientific research within the ethical parameters of research
(c) and as shall be regulated by law; and
(d) endeavour to avail the necessary financial resources to make education
(e) affordable at secondary and higher levels, including technical and
(f) vocational training, in order to bridge the educational gap caused by the
(g) collapse of educational services during the years of conflict.
(3) Every person or group of persons shall have the right to establish and maintain private schools
and other educational institutions at all levels in accordance with the conditions and standards
prescribed by law.
Article 39
Family
(1) Family is the natural and fundamental unit of society and shall be protected by law.
(2) All levels of government shall promote the welfare of the family and enact the necessary laws
for its protection.
(3) It is the right and duty of parents to care for and bring up their children.
(4) Children shall not be separated from their parents or persons legally entitled to care for them
against the will of such parents or persons, except in accordance with the law.
Article 40
Children, Youth and Sports
All levels of government shall:
(a) adopt policies and provide facilities for the welfare of children and youth and ensure
that they develop morally and physically, and are protected from moral and physical
abuse and abandonment;
(b) promote recreational facilities and sports for all the citizens and empower the youth to
develop their potentials; and
(c) establish, protect, support popular sports institutions, indigenous games and their
sustainability.
Article 41
The Environment
(1) Every person or community shall have the right to a clean and healthy environment.
(2) Every person shall have the obligation to protect the environment for the benefit of present and
future generations.
(3) Every person shall have the right to have the environment protected for the benefit of present
and future generations, through appropriate legislative action and other measures that:
(a) prevent pollution and ecological degradation;
(b) promote conservation; and
(c) secure ecologically sustainable development and use of natural resources while
promoting rational economic and social development so as to protect genetic stability
and bio-diversity.
(4) All levels of government shall develop energy policies that will ensure that the basic needs of the
people are met while protecting and preserving the environment.
Article 42
Defence of the Republic of South Sudan
(1) Defence of the Republic of South Sudan is an honour and a duty of every citizen.
(2) The State shall, by law, provide for the care of the combatants, the wounded heroes and
heroines, the families of martyrs and those missing in action.
Article 43
Foreign Policy
Foreign policy of the Republic of South Sudan shall serve the national interest and shall be conducted
independently and transparently with the view to achieving the following:
(a) promotion of international cooperation, specially within the United Nations family,
African Union and other international and regional organizations, for the purposes of
consolidating universal peace and security, respect for international law, treaty
obligations and fostering a just world economic order;
(b) achievement of African economic integration, within the ongoing regional plans and
fora as well as promoting African unity and co-operation as foreseen in those plans;
(c) enhancement of respect for human rights and fundamental freedoms regionally and
internationally;
(d) promotion of dialogue among civilizations and establishment of international order
based on justice and common human destiny;
(e) respect for international law and treaty obligations, as well as the seeking of the
peaceful settlement of international disputes by negotiation, mediation, conciliation,
arbitration and adjudication;
(f) enhancement of economic cooperation among countries of the region;
(g) non-interference in the affairs of other States, promotion of good-neighbourliness and
mutual cooperation with all neighbours and maintaining amicable and balanced
relations with other countries; and
(h) combating international and trans-national organized crime, piracy and terrorism.
Article 44
Saving
Unless this Constitution otherwise provides or a duly enacted law guarantees, the rights and liberties
described and the provisions contained in this Chapter are not by themselves enforceable in a court of
law; however, the principles expressed herein are basic to governance and the State shall be guided
by them, especially in making policies and laws.
CHAPTER II - CITIZENSHIP AND NATIONALITY
Article 45
Citizenship and Right
(1) Every person born to a South Sudanese mother or father shall have an inalienable right to enjoy
South Sudanese citizenship and nationality.
(2) Citizenship is the basis of equal rights and duties for all South Sudanese.
(3) Every citizen shall enjoy all the rights guaranteed by this Constitution.
(4) The law shall regulate citizenship and naturalization; no naturalized citizen shall be deprived of
his or her acquired citizenship except in accordance with the law.
(5) A South Sudanese national may acquire the nationality of another country as shall be prescribed
by law.
(6) A non-South Sudanese may acquire the nationality of South Sudan by naturalization as shall be
prescribed by law.
Article 46
Duties of the Citizen
(1) It shall be the duty of every citizen to uphold and abide by this Constitution and respect the laws
of South Sudan.
(2) Every citizen shall in particular:
(a) defend the country and respond to the call for national service in accordance with the
provisions of this Constitution and the law;
(b) promote peace, harmony, unity, fraternity and tolerance among all people of South
Sudan in order to transcend ethnic, religious, geographical and political divisions;
(c) preserve and protect public funds and assets and respect legal and financial obligations;
(d) prevent and combat corruption and sabotage;
(e) participate in the development of South Sudan;
(f) abide by the law and co-operate with the appropriate agencies in the maintenance of
law and order;
(g) protect the environment and conserve natural resources;
(h) be guided and informed in all actions by the interests of the nation and the principles
enshrined in this Constitution;
(i) promote democracy, good governance and the rule of law; and
(j) respect the rights and freedoms of others.
CHAPTER III - THE DECENTRALIZED SYSTEM OF GOVERNANCE
Article 47
Levels of Government
South Sudan shall have a decentralized system of government with the following levels:
(a) the National level which shall exercise authority in respect of the people and the states;
(b) the state level of government, which shall exercise authority within a state, and render
public services through the level closest to the people; and
(c) the local government level within the state, which shall be the closest level to the
people.
Article 48
Devolution of Powers
(1) The following principles shall guide the devolution and exercise of powers:
(a) affirmation of the need for norms and standards of governance and administration at
the state and local government levels that reflect the unity of the people of South
Sudan while recognizing their diversity;
(b) acknowledgement of the roles of the National Government and the states in the
promotion of the welfare of the people and protection of their human rights and
fundamental freedoms;
(c) recognition of the need for the involvement and participation of all people of South
Sudan at all levels of government as an expression of unity; and
(d) pursuit of good governance through democracy, separation of powers, transparency,
accountability and respect for the rule of law to enhance peace, socio-economic
development and political stability.
(2) The National Government shall:
(a) exercise its competences in accordance with this Constitution and the law; and
(b) respect the powers devolved to the states and local governments.
Article 49
Inter-Governmental Linkages
(1) In the administration of the decentralized system of governance, the following principles of
inter-governmental linkages shall be observed:
(a) the linkage between the National Government and the local government shall be
through the government of the relevant state;
(b) in their relationships with each other or with other government organs, all levels of
government shall observe the following:
(i) respect each other’s powers and competences; and
(ii) collaborate in the task of governing and assist each other in fulfilling their
respective constitutional obligations;
(c) government organs at all levels shall perform their functions and exercise their powers
so as:
(i) not to encroach on or assume powers or functions conferred upon any other level
except as provided for in this Constitution;
(ii) to promote co-operation by rendering assistance and support to other levels of
government;
(iii) to promote communication and coordination between all levels of government;
(iv) to adhere to procedures of inter-governmental interaction and comity;
(v) to respect the status and institutions of other levels of government; and
(vi) to promote amicable settlement of disputes before resorting to litigation;
(d) the harmonious and collaborative interaction of the different levels of government shall
be within the context of national unity and for the achievement of a better quality of
life for all.
(2) Any two or more states may agree on mechanisms or arrangements to enhance inter-state co-
ordination and co-operation.
PART FOUR - THE NATIONAL GOVERNMENT
Article 50
Establishment of the National Government
(1) There shall be established in the Republic of South Sudan a National Government.
(2) The National Government shall be the institution around which the people of South Sudan are
politically, economically, socially and culturally organized.
(3) The powers of the National Government emanate from the will of the people of South Sudan
and this Constitution.
(4) The City of Juba shall be the National Capital of South Sudan and the seat of the National
Government. Its territory and administration shall be defined and regulated by law.
(5) Without prejudice to sub-Article (4) above, the National Government may relocate the National
Capital to any other location within the territory of South Sudan by law.
Article 51
Organs of the National Government
The National Government shall have the following organs:
(a) the Legislature;
(b) the Executive; and
(c) the Judiciary.
Article 52
Powers and Competences of the National Government
The National Government shall exercise exclusive legislative and executive authority on all functional
areas in Schedule A; it shall also exercise legislative and executive authority on all concurrent and
residual matters as set forth in Schedules C and D read together with Schedule E herein.
Article 53
Primary Responsibilities of the National Government
(1) The primary responsibilities of the National Government shall be, inter alia:
(a) maintenance of peace and security;
(b) reconstruction and development;
(c) promotion of good governance and welfare of the people;
(d) exercising authority in respect of South Sudan and the states; and
(e) ensuring the protection of the rights and interests of the people.
(2) The National Government shall discharge its duties and exercise its powers as set forth in this
Constitution and the law.
PART FIVE - THE NATIONAL LEGISLATURE
CHAPTER I - ESTABLISHMENT, COMPOSITION AND FUNCTIONS
Article 54
Establishment and Composition of the National Legislature
(1) There shall be established a National Legislature composed of the following:
(a) the National Legislative Assembly; and
(b) the Council of States.
(2) The National Legislature shall conduct its business as prescribed in this Constitution in joint
sittings of the two legislative Houses, chaired by the Speaker of the National Legislative
Assembly and deputized by the Speaker of the Council of States.
(3) Vote count shall be separate for each House and governed by the quorum specified in this
Constitution.
(4) Each House shall sit separately to conduct its business as prescribed in this Constitution.
(5) The National Legislature, as well as each of its Houses, shall make its own Conduct of Business
Regulations.
Article 55
Competences of the National Legislature
(1) The National Legislature represents the will of the people of South Sudan and shall foster unity
and nationhood, exercise legislative functions, oversee the Executive, and promote the
decentralized system of government.
(2) The legislative competences of the National Government shall vest in the National Legislature in
respect of all matters assigned to it in Schedules A, and D read together with Schedule E herein.
(3) Without prejudice to the generality of sub-Article (1) above, the National Legislature shall be
competent to:
(a) consider and pass amendments to this Constitution;
(b) enact legislation on all matters assigned to it by this Constitution;
(c) discuss statements by the President and take decisions as may be necessary;
(d) authorize annual allocation of resources and revenue, in accordance with Article 87 of
this Constitution;
(e) reconsider a bill which has been rejected by the President under Article 85 (2) herein;
(f) impeach the President and the Vice President;
(g) approve a declaration of war;
(h) confirm a declaration of a state of emergency or termination thereof; and
(i) perform any other function determined by this Constitution or the law.
(4) The National Legislature shall exercise its legislative powers through bills in accordance with this
Constitution.
Article 56
Composition of the National Legislative Assembly
(1)
(a) Members of the National Legislative Assembly shall be elected
through universal adult suffrage in free and fair elections and by secret ballot; and
(b) The National Elections Law shall determine the number of members and composition of
the National Assembly.
(2) Notwithstanding the provisions of Article (1) above, during the transitional period the National
Assembly shall consist of:
(a) all members of the Southern Sudan Legislative Assembly;
(b) all ninety six South Sudanese who were members of the National Assembly of the
Republic of Sudan, by virtue of their membership in that Assembly; and
(c) such additional number of members appointed by the President not exceeding sixty-six.
(3) Members of the Council of Ministers who are not members of the National Legislative Assembly
shall participate in the deliberations of the Assembly but shall not have the right to vote.
Article 57
Powers and Functions of the National Legislative Assembly
The National Legislative Assembly shall exercise the following powers and functions:
(a) oversee the performance of the National Government institutions;
(b) approve plans, programmes and policies of the National Government;
(c) approve budgets;
(d) ratify international treaties, conventions and agreements;
(e) adopt resolutions on matters of public concern;
(f) summon Ministers to answer questions of members of the Assembly on matters related
to their ministries;
(g) interrogate Ministers about their performance or the performance of their ministries;
(h) vet and approve appointments as required by this Constitution or the law;
(i) cast a vote of no confidence against any Minister.
(j) enact legislation to regulate the conditions and terms of service of the Judiciary and its
oversight mechanisms; and
(k) perform any other function as determined by this Constitution or the law.
Article 58
Composition of the Council of States
The Council of States shall consist of:
(1)
(a) Members of the Council of States shall be elected throughtheir respective States
Assemblies; and
(b) The National Elections Law shall determine the number of members of the Council of
States.
(2) Notwithstanding the provisions of Article (1) above, during the transitional period, the Council of
States shall consist of:
(a) all South Sudanese who were representatives in the Council of States of the
(b) Republic of Sudan, by virtue of their membership in that Council; and
(c) thirty (30) members appointed by the President.
Article 59
Competences of the Council of States
The Council of States shall be competent to:
(a) initiate legislation on the decentralized system of government and other issues of
interest to the states and pass such legislation with two-thirds majority of all
representatives;
(b) issue resolutions and directives that may guide all levels of government in accordance
with the provisions of Articles 47, 48 and 49 of this Constitution;
(c) oversee national reconstruction, development and equitable service delivery in the
states;
(d) monitor the repatriation, relief, resettlement, rehabilitation, reintegration of returnees
and internally displaced persons, and reconstruction of disaster and conflict affected
areas;
(e) request statements from Governors and national Ministers concerned regarding
effective implementation of the decentralized system and devolution of powers and any
other issues related to the states;
(f) legislate for the promotion of a culture of peace, reconciliation and communal harmony
among all the people of the states;
(g) approve changes in state names, capital towns and boundaries; and
(h) perform any other function as determined by this Constitution or the law.
Article 60
Rules of the National Legislature
While sitting separately to transact business that falls within its competences, each House shall
observe the following rules:
(a) any bill on a matter falling within the competences of either House, shall be tabled in
that House;
(b) any bill passed by the National Legislative Assembly shall be referred to an standing
Inter-House Committee for scrutiny and decision on whether it affects the interests of
the states. If the Committee decides that the bill affects the interest of the states, the
bill shall be referred to the Council of States for consideration;
(c) in case the Council of States introduces any amendments in the referred bill, by a two-
thirds majority of the representatives or passes it as it is, the bill shall be sent to the
President of the Republic for his or her assent without being returned to the National
Legislative Assembly; and
(d) no House shall discuss any business of which the other House is seized, until it is finally
referred to it.
Article 61
Seat of the National Legislature
(1) The National Legislature and each of its two Houses shall convene its sessions at its seat in the
National Capital, Juba.
(2) Notwithstanding sub-Article (1) above, the two Speakers may convene a sitting of the National
Legislature elsewhere inside South Sudan.
(3) Notwithstanding sub-Article (1) above, the Speaker may call the National Legislative Assembly to
convene in any other location in South Sudan.
(4) Notwithstanding sub-Article (1) above, the Speaker of the Council of States may call the Council
of States to convene in any other location in South Sudan.
Article 62
Eligibility for Membership
(1) A candidate for membership of the National Legislature shall:
(a) be a South Sudanese;
(b) be at least twenty-one years of age;
(c) be of sound mind;
(d) be literate; and
(e) not have been convicted during the last seven years of an offence involving honesty or
moral turpitude.
(2) Members of the National Legislature and the Council of Ministers shall not be eligible for
membership of state legislatures or state councils of ministers while occupying the
aforementioned positions.
(3) Membership of the National Legislative Assembly shall not be combined with membership in the
Council of States.
(4) Membership in the Council of States shall not be combined with membership in the Council of
Ministers.
Article 63
Loss of Membership of the National Legislature
(1) Membership of the National Legislative Assembly or the Council of States shall be lost in any of
the following cases:
(a) mental infirmity or physical incapacity;
(b) conviction for an offence involving honesty or moral turpitude;
(c) adjudged or declared bankrupt by a competent court;
(d) absence from a number of sittings without permission or acceptable reasons, as shall be
determined by the Conduct of Business Regulations of each House;
(e) resignation, in writing, to the appropriate House;
(f) change of political affiliation or party on whose ticket he or she was elected to the
National Legislative Assembly;
(g) assumption of any constitutional office in a state or local government level; or
(h) death.
(2) Upon vacation of the seat of a member of the National Legislative Assembly or the Council of
States his or her seat shall be filled in accordance with the provisions of Article 64 herein.
Article 64
By-elections
(1) When a vacancy occurs in respect of any seat in the National Legislative Assembly or the Council
of States, the Speaker of the appropriate House shall, in writing, notify the National Elections
Commission within ten days from the occurrence of that vacancy.
(2) A by-election to fill the vacancy shall be held by the National Elections Commission within sixty
days following occurrence of the vacancy.
(3) No by-election to fill a vacancy shall be held within the three months prior to the next general
elections.
Article 65
Oath of a Member of the National Legislature
To assume his or her functions, every member of the National Legislative Assembly or the Council of
States shall take the following oath before the appropriate House:
“I…….......…....., as a Member of the National Legislative Assembly/Council of States,
do hereby swear by Almighty God /solemnly affirm/ that I will bear true faith and
allegiance to the Republic of South Sudan and its people; that I will obey and respect the Constitution
and abide by the law; and that I will faithfully and conscientiously discharge my duties and
responsibilities as a member of the National Legislative Assembly/Council of States and serve the
people of the Republic of South Sudan to the best of my ability, so help me God/ God is my witness.”
Article 66
Term of the National Legislature
(1) The term of the National Legislature shall be five years.
(2) Notwithstanding Article (1) above, the term of the current National Legislature shall be four
years from July 9, 2011.
Article 67
Immunity of Members of the National Legislature
(1) No criminal proceedings shall be initiated against a member of the National Legislative Assembly
or the Council of States; nor shall any measure be taken against his or her person or belongings
without permission from the Speaker of the appropriate House, except where he or she is
caught committing an offence for which the police may arrest without warrant.
(2) In case a member is charged with a serious crime, the appropriate House may waive the
immunity of the member concerned.
Article 68
Sessions of the National Legislature
(1) The National Legislature shall hold its first sitting upon convocation by the President within
thirty (30) days following the transformation of the Southern Sudan Legislative Assembly into
the National Legislative Assembly and the establishment of the Council of States in accordance
with provisions of Article 56 (2) and 58 herein.
(2)
(a) The sittings of the National Legislative Assembly shall be chaired by the incumbent
Speaker of the transformed Southern Sudan Legislative Assembly.
(b) The first sitting of the Council of States shall be chaired by the eldest of the members
present and elect its Speaker and Deputy Speaker among its members.
(3) Without prejudice to Article 101 (g) herein, each House shall determine the dates of
commencement and closure of its sessions
(4) The National Legislature or each House may convene an emergency or extraordinary session on
the request of half of its members or upon a call from the President.
Article 69
Officers of the National Legislature
(1) The National Legislative Assembly shall elect a Speaker and two Deputies from among its
members at the first sitting.
(2) The Council of States shall elect a Speaker and one Deputy from among its members at the first
sitting.
(3) The Speaker of each House shall preside over sittings of that House, control order and supervise
the administrative affairs thereof. He or she shall represent the House in and outside South
Sudan.
(4) Each House shall elect chairpersons and deputy chairpersons of the specialized committees and
members of ad hoc committees as may be determined by its Conduct of Business Regulations.
(5) The Speaker of each House shall appoint a Clerk for the respective House in accordance with the
Conduct of Business Regulations.
(6) The Clerk of each House shall be responsible for preparing the sessions of the respective House
and running of its administrative affairs under the supervision of the Speaker of that House.
(7) Each House shall consider broad inclusiveness in the election and apportionment of its officers
and staff.
(8)
(a) Notwithstanding the provision of Article 69 above, the present administration of the
Southern Sudan Legislative Assembly shall continue during the Transitional period in
accordance with Article 94 (1).
(b) The transformed National legislative Assembly shall create vacancies for the members
joining it as will be determined by its Conduct of Business Regulations 2010.
(9) The Council of States shall elect its officers in accordance with its Conduct of Business
Regulations during the transitional period.
Article 70
Emoluments of Members of the National Legislature
(1) Members of the National Legislature shall be paid emoluments and provided with facilities as
determined by law.
(2) A member of the National Legislature, other than the Speakers, Deputies, Minority Leaders,
Chairpersons and Deputy Chairpersons of the specialized committees, and Chief Whips, may
hold any other office in the private sector, with remuneration or engage in any profit making
business; provided that such office or business does not compromise his or her duty as a
member.
Article 71
Minority Leaders
(1) The political party holding the second highest number of seats in each House shall elect from
among its members the Minority Leader of the respective House.
(2) In relation to the conduct of business of each House, the Minority Leader shall:
(a) rank fourth in protocol after the President, the Vice President and the Speaker, in that
order within each House; and
(b) have the right of second reply, after the Minister designated to lead Government
Business in each House, to an address to the House by the President.
(3) The Conduct of Business Regulations of each House shall provide for the effective participation
of the Minority Leaders in their respective Houses.
Article 72
Committees of the National Legislature
(1) Each House shall have standing specialized committees and may establish ad hoc committees
for the efficient discharge of its functions.
(2) The functions of the standing and ad hoc committees of each House shall be determined by its
Conduct of Business Regulations.
(3) The two Houses may form inter-House standing or ad hoc committees for specific matters that
are of concern to the two Houses.
(4) There shall be established a Parliamentary Service Commission, the structures, composition,
powers and functions, duties, and terms of service shall be determined by law.
Article 73
Regulations of the National Legislature
(1) Each House of the National Legislature shall make regulations for the conduct of its business.
(2) The Speaker of each House shall ensure that the Conduct of Business Regulations of the House
are respected and enforced.
(3) The National Legislature shall make regulations for the conduct of its business.
Article 74
Quorum
(1) The quorum for ordinary sittings of the National Legislative Assembly shall be more than half of
the members. The Conduct of Business Regulations may provide for a reduced quorum that may
not apply for the final presentation of bills.
(2) Except as otherwise provided for in this Constitution, the decisions of the National Legislative
Assembly shall be by majority of votes of the members present and voting. If the votes are
equally divided, the Speaker or any person presiding, shall have no casting vote and the motion
shall be deemed to have been lost.
(3) The quorum for the sittings of the Council of States shall be more than half of its
representatives.
Article 75
Publicity of Sittings of the National Legislature
The sittings of the National Legislature or either of its two Houses shall be open to the public; its
proceedings shall be published and may also be broadcast. However, the National Legislature or
either House may decide according to its Conduct of Business Regulations that certain deliberations
take place in camera.
Article 76
Passing Legislative Resolutions
Resolutions of the National Legislature or either of its two Houses shall, whenever possible, be taken
by unanimity or consensus. Alternatively, resolutions shall be passed by simple majority of those
present and voting, save in cases where this Constitution provides otherwise.
Article 77
Privileges of Members of the National Legislature
Members of the National Legislature or either of its two Houses shall freely and responsibly express
their opinions, subject only to the provisions of the regulations of the appropriate House. No legal
proceedings shall be initiated against any member, nor shall he or she be held accountable before any
court of law merely by reason of views or opinions that he or she might have expressed in the course
of performing his or her duties.
Article 78
Address by the President
The President may personally or by a message, address the National Legislature or either of its two
Houses. The National Legislature or either of its two Houses shall accord priority to such request over
any other business. The President may also request the opinion of the National Legislature or either of
its two Houses on any subject matter.
Article 79
Address by the Vice President and Statements by Ministers and Governors
(1) The Vice President may request to address the National Legislative Assembly or the Council of
States. The concerned House shall provide an opportunity for hearing such address as promptly
as possible.
(2) A Minister of the National Government may request to deliver a statement before the National
Legislative Assembly or the Council of States.
(3) The National Legislative Assembly or the Council of States may summon a Governor of a state to
make a statement before it on any important matter concerning his or her state for information
or explanation.
(4) A Governor may request to make a statement before the Council of States.
Article 80
Questions Addressed to Ministers by Members of the National Legislature
Members of the National Legislative Assembly or the Council of States may, in either
House, within the competences of the concerned House and subject to its Conduct of Business
Regulations, address questions to a Minister of the National Government on any subject relating to
his or her duties; the said Minister shall provide the appropriate House with a prompt reply.
Article 81
Request of Statements
The National Legislative Assembly or the Council of States may request a Minister of the National
Government to deliver before it a statement on any matter of public concern.
Article 82
General Summons
(1) The National Legislative Assembly or any of its committees may summon any public official or
any person within South Sudan, other than the President, to testify or give opinion before it.
(2) Inquiry on any matter that falls within the direct responsibility of the National Government may
only be made after notifying the President.
(3) Any person who refuses to appear before the National Legislative Assembly or any of its
committees or refuses to produce any document as required under sub-Article (1) above
commits an offence punishable by law.
Article 83
Tabling of Bills
(1) The President or the Council of Ministers may cause a bill to be presented by a Minister before
the National Legislative Assembly or the Council of States subject to their respective
competences.
(2) A member of the National Legislature may table a private member bill before the House to
which he or she belongs on a matter that falls within the competences of that House.
(3) The Inter-House Committee of the National Legislature may present a bill before either House of
the National Legislature subject to their respective competences.
Article 84
Procedures for Presentation and Consideration of Bills
(1) Bills presented to either House of the National Legislature shall be submitted for the first
reading by being cited by title. The bill shall then be submitted for a second reading for general
deliberation and approval in principle. If the bill is passed in the second reading, there shall be a
third reading for deliberation in detail and introduction of, and decision upon, any amendment.
The bill shall then be submitted in its final form for the final reading, at which stage the text of
the bill shall not be subject to further discussion and shall be passed section by section and then
passed as a whole.
(2) After the first reading, the Speaker of the House concerned shall refer the bill to the appropriate
committee, which shall make a general evaluation report for the purpose of the second reading.
The committee shall also present a report on the amendments that the committee might or
might not have endorsed in the second reading for the decision in the third reading; the Speaker
of the concerned House may also refer the bill once again to the appropriate committee to
prepare a report in a final draft in preparation for the final reading.
(3) The Speaker of the concerned House or the appropriate committee may seek expert opinion on
the viability and rationale of the bill; an interested body may also be invited to present views on
the impact and propriety of the bill.
(4) The House concerned may, by a special resolution, decide on any bill as a general committee or
by summary proceedings.
Article 85
Assent of the President
(1) Any bill approved by the National Legislature shall not become a law unless the President
assents to it and signs it into law. If the President withholds assent for thirty days without giving
reasons, the bill shall be deemed to have been so signed.
(2) If the President withholds assent to the bill and give reasons within the aforementioned thirty
days, the bill shall be re-introduced to the National Legislature to consider the observations of
the President.
(3) The bill shall become law if the National Legislature again passes it by a two-thirds majority of all
members and representatives of the two Houses, and the assent of the President shall not be
required for that bill to come into force.
Article 86
Provisional Orders
(1) In case the National Legislature is not in session, the President may, on an urgent matter, issue a
provisional order having the force of law.
(2) The provisional order shall be submitted to the appropriate House of the National Legislature as
soon as it is convened.
(3) Where the National Legislature ratifies the provisional order as it is, it shall be promulgated as
law, but where the same is rejected by either House, or where the session ends without it being
ratified, the provisional order shall lapse with no retrospective effect.
(4) A bill on the same subject matter may again be re-introduced before the National Legislature
and be considered under the normal procedure for consideration of bills.
(5) Notwithstanding sub-Article (1) above, the President shall not make any provisional order on
matters affecting the Bill of Rights, the decentralized system of government, general elections,
annual allocation of resources and financial revenue, penal legislation or alteration of
administrative boundaries of the states.
(6) Any law which was repealed or amended pursuant to a provisional order that later lapsed, shall
revive into force as it is, starting from the date when the provisional order lapsed.
(7) The National Legislative Assembly may delegate to the President the power to approve bilateral
international and regional agreements while the National Legislative Assembly is not in session;
however, such agreements shall be subject to subsequent approval by the National Legislative
Assembly and shall be deposited before it as soon as it is convened.
Article 87
Bills Pertaining to Allocation of Resources and Revenues
(1) The President shall cause to be presented to the National Legislative Assembly, before the
beginning of the financial year, a bill for the allocation of resources and revenue in accordance
with the provisions of this Constitution. The National Legislative Assembly shall convene to
approve, modify or reject that bill.
(2) The financial year shall be twelve months beginning from July 1, and ending on June 30 the
other year.
Article 88
General Budget Proposal, Estimates and Related Bills
(1) The President shall cause to be presented to the National Legislative Assembly before the
beginning of the financial year, a bill on the general budget, including:
(a) a general evaluation of the economic and financial performance and situation;
(b) detailed estimates of proposed revenue and expenditure for the forthcoming year
compared to those of the previous financial year;
(c) a statement of the general budget, any reserve funds, transfers thereto or allocations
there from; and
(d) explanations of any special budgets or financial estimates, policies or measures to be
taken by the National Government in the financial and economic affairs within the
framework of the general budget.
(2) The President shall cause to be submitted to the National Legislative Assembly proposals of total
expenditure entered into the budget as an appropriation bill and proposals for taxes, fees and
other levies as well as borrowing, investment or saving bonds as financial bills.
(3) The National Legislative Assembly shall discuss, and may amend, reject or adopt the general
budget bill chapter by chapter including schedules, and it shall thereafter pass the appropriation
bill in its totality.
(4) Where the bill is passed, detailed estimates as specified in the general budget shall not be
exceeded save by a supplementary law.
(5) Surplus funds over revenue estimates and funds out of the legal reserve shall not be spent save
by a supplementary appropriation law.
(6) After the passing of the budget, no funds shall be transferred from one chapter to another, nor
shall any money be spent on an item that is not provided for in the budget without the approval
of the National Legislative Assembly.
(7) In the event that the National Legislative Assembly fails to pass the budget bill within a period of
forty-five days, the President shall issue a presidential decree on the budget for that year, and
such budget shall be deemed to have been passed by the National Legislative Assembly in
accordance with the provisions of this Constitution.
Article 89
Private Member Financial Bill
(1) No member of the National Legislative Assembly, outside the context of the deliberations of the
draft general budget, shall introduce any financial bill or move any amendment to a bill having
the object or effect of abolishing, imposing or increasing any tax or imposing any charge upon
the public revenue or reserves, save with the prior consent of the National Council of Ministers.
(2) The Minister of Finance, on the authority of the Council of Ministers, shall issue a certificate that
a proposed bill or an amendment has such object or effect and such certification shall be
conclusive.
(3) A bill or an amendment shall not be deemed to have such object or effect by reason that it
includes provisions for the imposition of fines or other pecuniary penalties or the payment of
fees for services rendered.
Article 90
Provisional and Supplementary Financial Measures
(1) Notwithstanding the provisions of Article 86 (5) herein, the President may in the public interest,
make a presidential order having the force of law, providing that the imposition of any tax, or
fee or the amendment thereof shall come into force, pending submission of a bill requiring the
same to the National Legislative Assembly.
(2) When that financial bill is adopted or rejected, the force of the presidential order shall cease
without retrospective effect in relation to rejection for amendment of the bill.
(3) Where the procedure of adopting the general budget and the appropriation bill is delayed
beyond the beginning of the financial year, expenditure shall continue, pending adoption of the
general budget, in accordance with the estimates approved for the previous year, as if the same
has been appropriated by law for the new year.
(4) Whenever new circumstances occur or a matter of public concern proves not to have been
satisfactorily addressed by the general budget, the President may during the financial year cause
to be submitted to the National Legislative Assembly, a financial bill, a supplementary
appropriation or an allocation from the reserve funds, to which the same provisions set out in
respect of the general budget bill shall apply.
(5) Without prejudice to the provisions of Article 88 (3), (4) and (5) herein, the following
expenditures shall be paid out of the consolidated reserve funds:
(a) emoluments of the President;
(b) expenses of the State House;
(c) budget of the Judiciary;
(d) National Government contractual financial obligations;
(e) repayment of National Government external debts under any loan agreement;
(f) payment of any money the National Government is required to pay under a court order
arising out of any litigation or as a result of an arbitration award or any other settlement
having similar legal effect; and
(g) any other expenses as shall be regulated by law.
Article 91
Final Accounts
(1) The Minister of Finance shall presented to the National Legislative Assembly during the six
months following the end of the financial year, the final accounts for all revenue and
expenditure as are set forth in that year, as well as expenditure withdrawn from the reserve
funds.
(2) The Auditor General shall, in accordance with Article 186 (8) herein, present his or her report on
such accounts to the National Legislative Assembly or the Council of States, as the case may be.
Article 92
Delegation of Powers of Subsidiary Legislation
The National Legislature or either of its two Houses may, by law, delegate to the
President, the Council of Ministers or any public body, the power to make any subsidiary regulations,
rules, orders or any other subsidiary instrument having the force of law, provided that such subsidiary
legislation shall be tabled before the concerned House and be subject to adoption or amendment by a
resolution of that House in accordance with the provisions of its regulations.
Article 93
Validity of the Proceedings of the National Legislature No court or any other authority shall call into question the validity of any proceedings of the National
Legislature or any of its two Houses on the basis of violation of its Conduct of Business Regulations. A
certificate duly signed by the appropriate Speaker shall be deemed to be conclusive evidence of the
validity of the said proceedings.
CHAPTER II - INTERIM PROVISIONS
Article 94
(1) The Southern Sudan Legislative Assembly shall adopt and pass the Transitional Constitution of
the Republic of South Sudan, 2011, and it shall thereafter transform itself into South Sudan
National Legislative Assembly.
(2) The President shall appoint:
(a) All the Ninety six South Sudanese who were elected from South Sudan to the National
Assembly of the Republic of Sudan to become members of South Sudan National
Legislative Assembly;
(b) The President shall appoint such additional number of members not exceeding sixty-six.
(3) The President shall appoint the representatives to the Council of States in accordance with the
provisions of the Article 58 of this Constitution.
(4) The sittings of the National Legislative Assembly shall be chaired by the incumbent Speaker of
the transformed Southern Sudan Legislative Assembly.
(5) The first sitting of the Council of States shall be chaired by the eldest of the members present
and elect its Speaker and Deputy Speaker among its members.
PART SIX - THE NATIONAL EXECUTIVE
CHAPTER I - ESTABLISHMENT, COMPOSITION AND POWERS
Article 95
Establishment and Composition of the Executive
There shall be established in the Republic of South Sudan a National Executive consisting of the
President, Vice President, Ministers, and Deputy Ministers.
Article 96
Powers and Competences of the Executive The Executive shall exercise the executive powers on all matters as set forth in Schedules A, C and D
read together with Schedule E of this Constitution and any other competence conferred upon it by
this Constitution and the law.
CHAPTER II - THE PRESIDENT OF THE REPUBLIC
Article 97
The President
(1) There shall be a President for the Republic of South Sudan who shall be directly elected by the
people of South Sudan in general elections according to this Constitution and the provisions set
forth by the National Elections Commission in accordance with the electoral law.
(2) Notwithstanding Article (1) above, the incumbent elected President of the Government of
Southern Sudan shall be the President of the Republic of South Sudan.
(3) The President of the Republic of South Sudan is the head of State and Government, the
Commander-in-Chief of the Sudan People’s Liberation Army and the Supreme Commander of all
the other regular forces. He or she represents the will of the people, and shall exercise the
powers vested in the office of the President by this Constitution.
(4) Pending a final solution on its status Abyei Area, the territory of the nine Ngok Dinka chiefdoms
transferred from Bahr el Ghazal Province to Kordofan Province in 1905 as defined by the Abyei
Arbitration Tribunal Award of July 2009, is accorded a special administrative status under the
Office of the President of the Republic of South Sudan:
(a) The members of the nine Ngok Dinka Chiefdoms of Abyei Area shal have an inalienable
right to enjoy South Sudanese citizenship and nationality and all rights and freedoms
guaranteed by this constitution.
(b) Without prejudice to any alternative solution that may be agreed upon by the two
governments of South Sudan and of the Sudan on the final status of Abyei Area and in
accordance with the provisions of the Abyei Protocol 2005, the members of the nine
Ngok Dinka Chiefdoms and other Sudanese residing in Abyei Area, shall vote in a
referendum, which shall present them with the following choices-
(i) That Abyei Area enjoys special administrative status in the Republic of Sudan; or
(ii) That Abyei Area be part of the Republic of South Sudan.
(c) The security arrangements in Abyei Area shall be in accordance with the provisions of
the Abyei protocol, 2005 or in accordance with any alternative arrangements agreed
upon by the two governments of South Sudan and of Sudan.
Article 98
Eligibility for the Office of the President A candidate for the office of the President shall:
(a) be a South Sudanese by birth;
(b) be of sound mind;
(c) be at least forty years of age;
(d) be literate; and
(e) not have been convicted of an offence involving honesty or moral turpitude.
Article 99
Oath of the President
The President of the Republic of South Sudan shall, before assuming office, take the following oath
before the public:
“I……….…………., do hereby swear by the Almighty God /solemnly affirm, that as the
President of the Republic of South Sudan, I shall be faithful and bear true allegiance to the Republic of
South Sudan and shall diligently and honestly discharge my duties and responsibilities in a consultative
manner to foster the development and welfare of the people of South Sudan; that I shall obey,
preserve and defend the Constitution and abide by the law; and that I shall protect and promote the
unity of the people of South Sudan and consolidate the democratic decentralized system of
government and preserve the integrity and dignity of the people of South Sudan; so help me God/ God
is my witness.”
Article 100
Tenure of the Office of the President
(1) the tenure of the office of the President of the Republic of South Sudan shall be five years.
(2) Notwithstanding Article (1) above, during the transitional/ period the tenure of the office of the
President of the Republic of South Sudan shall be four years from July 9, 2011.
Article 101
Functions of the President
The President shall perform the following functions:
(a) preserve the security of South Sudan and protect its territorial integrity;
(b) supervise constitutional and executive institutions and provide exemplary leadership in
public affairs;
(c) appoint constitutional and judicial post holders in accordance with this Constitution and
the law;
(d) preside over the National Council of Ministers;
(e) declare and terminate a state of emergency in accordance with the provisions of this
Constitution and the law;
(f) initiate constitutional amendments and legislation and assent to and sign,into law bills
passed by the National Legislature;
(g) convene, summon, adjourn or prorogue the National Legislature in consultation with
the Speaker;
(h) confirm death sentences, grant pardons, and remit convictions or penalties according to
this Constitution and the law;
(i) appoint Presidential Advisors;
(j) appoint ad hoc commissions and committees;
(k) establish independent institutions and commissions;
(l) confer honours;
(m) generally represent the Government and the people of South Sudan;
(n) declare war in accordance with this Constitution and the law;
(o) represent the State in its foreign relations, appoint ambassadors of the State and accept
credentials of foreign ambassadors;
(p) direct and supervise foreign policy and ratify treaties and international agreements with
the approval of the National Legislative Assembly;
(q) seek the opinion of the Supreme Court on any matter in connection with this
Constitution;
(r) remove a state Governor and/or dissolve a state Legislative Assembly in the event of a
crisis in the state that threatens national security and territorial integrity;
(s) appoint a state care-taker Governor who shall prepare for elections within sixty days in
the state where the Governor has been removed or the state Legislative Assembly so
dissolved in accordance with the provisions of this Constitution, the relevant state
constitution and the law;
(t) present annual address on the state of the nation; and
(u) perform any other function as may be prescribed by law.
Article 102
Vacancy of Office of the President
(1) The office of the President shall fall vacant in any of the following cases:
(a) expiration of the term of office;
(b) resignation in a public address to the people through the National Legislative Assembly;
(c) impeachment in accordance with the provisions of this Constitution;
(d) mental infirmity or physical incapacity based on an official medical report submitted by
the Medical Commission to the Assembly for information; or
(e) death.
(2) If the office of the President of the Republic falls vacant, the post shall be assumed by the Vice
President pending elections that shall be conducted by the National Elections Commission
within sixty days from the date of occurrence of the vacancy.
Article 103
Immunity and Impeachment of the President
(1) The President shall be immune from any legal proceedings and shall not be charged or sued in
any court of law during his or her tenure of Office.
(2) Notwithstanding sub-Article (1) above, in case of high treason, gross violation of this
Constitution or gross misconduct in relation to National affairs, the President may be charged
before the Supreme Court upon a resolution passed by a two-thirds majority of all the members
of the Assembly.
(3) The President of the Supreme Court shall, within seven days after receipt of the impeachment
notice referred to under sub-Article (2) above, constitute a tribunal comprising three Justices of
the Supreme Court, to evaluate the allegation in the notice and to report its findings to the
constitutional panel of the Supreme Court.
(4) The President shall be entitled to appear at the proceedings of the tribunal and to be
represented by a lawyer or other expert or any other person of his or her choice.
(5) If the constitutional panel convicts the President, it shall communicate its final verdict to the
Assembly, and he or she shall be deemed to have forfeited the office.
(6) If the notice for the removal of the President is on the grounds of mental infirmity or physical
incapacity, it shall be based on a report submitted to the Assembly by a medical board consisting
of five qualified and eminent specialists from the Medical Commission in respect of the alleged
infirmity or incapacity.
(7) The President shall submit himself or herself to the medical board for necessary examination as
required.
(8) If the medical board determines that the President, by reason of mental infirmity or physical
incapacity is unable to perform the functions of the office of the President, it shall communicate
its findings to the Assembly for information, and he or she shall be deemed to have forfeited the
office.
Article 104
Appointment and Removal of the Vice President (1) The Vice President shall be appointed by the President subject to approval by a two-thirds
majority of all members of the National Legislative Assembly.
(2) The Vice President may be removed by the President or by a decision passed by two-thirds
majority of all members of the National Legislative Assembly. If the post of the Vice President
falls vacant for any reason, the President shall appoint a replacement.
(3) The Vice President shall fulfil the conditions of eligibility for the office of the President as
prescribed by this Constitution.
(4) To assume office, the Vice President shall take, before the President, the same oath taken by the
President as prescribed by this Constitution.
Article 105
Functions of the Vice President
The Vice President shall perform the following functions:
(a) act for the President in his or her absence from the country;
(b) be a member of the Council of Ministers;
(c) be a member of the Security Council; and
(d) perform any other function or duty that may be assigned to him or her by the President.
Article 106
Vacancy of Office of the Vice President
The office of the Vice President shall fall vacant in any of the following cases:
(a) relief from office in accordance with the provisions of Article 104 (2) herein;
(b) acceptance of his or her written resignation by the President;
(c) mental infirmity or physical incapacity based on an official medical report submitted by
the Medical Commission to the Assembly for information; or
(d) death.
Article 107
Presidential Advisors
(1) The President may appoint a limited number of Presidential Advisors and shall define their
functions.
(2) To assume office, a Presidential Advisor shall, before the President, take the following oath:
“I……….…………., do hereby swear by the Almighty God /solemnly affirm/, that as a Presidential Advisor,
I shall be faithful and bear true faith and allegiance to South Sudan and shall diligently and honestly
discharge my duties and responsibilities and strive to foster the development and welfare of its people;
that I shall obey, preserve and defend the Constitution and abide by the law; and that I shall protect
and promote the unity of the people of South Sudan and consolidate the democratic decentralized
system of government and preserve the integrity and dignity of the people of South Sudan; so help me
God/ God is my witness.”
CHAPTER III - THE NATIONAL COUNCIL OF MINISTERS
Article 108
Establishment and Composition of the Council of Ministers
(1) There shall be established a National Council of Ministers.
(2) The National Council of Ministers shall compose of the President, the Vice President and
Ministers.
(3) The President shall ensure that at least twenty-five percent of members of the Council of
Ministers are women.
Article 109
Competences of the Council of Ministers
(1) The National Council of Ministers shall be the highest executive authority in the Republic.
(2) Without prejudice to the powers conferred upon the President by this Constitution, decisions of
the Council of Ministers shall prevail over all other executive decisions. Such decisions shall be
adopted by consensus or simple majority.
(3) Membership of the National Council of Ministers shall not be combined with membership of a
state Executive or Legislature.
Article 110
Functions of the Council of Ministers
The National Council of Ministers shall have the following functions:
(a) general planning and administration of South Sudan;
(b) approval of the general policies initiated by the respective ministries;
(c) overseeing, receiving and discussing reports about the executive and administrative
performance of ministries;
(d) initiating, negotiating and concluding international, regional, bilateral, and multilateral
agreements;
(e) receiving reports from Governors about executive performance of states for
information and coordination with the respective states;
(f) receiving reports on matters that are concurrent or residual and deciding whether it is
competent to exercise such power in accordance with Schedules C and D read together
with Schedule E herein. If it so decides, it shall notify the respective state of its intention
to exercise such power. In case a state objects thereto, a committee shall be set up by
the two levels concerned to amicably resolve the matter before resorting to the
Supreme Court;
(g) acting as a link between the National Government and the states;
(h) providing reports upon the request of the National Legislative Assembly;
(i) formulating internal rules, procedures and regulations for the conduct of its business;
(j) mobilizing the public to achieve the objectives of government policy and promote public
life;
(k) implementing legislation and resolutions of the National Legislature;
(l) formulating and implementing government policies;
(m) coordinating the functions and reviewing the performance of the ministries,
departments and administrations of the National Government;
(n) initiating national legislative bills and national budgets;
(o) reviewing, annually, the performance of the decentralized system of governance in the
Republic of South Sudan; and
(p) performing any other executive function provided for in this Constitution or the law.
Article 111
Confidentiality of Deliberations of the Council of Ministers
Deliberations of the National Council of Ministers shall be confidential; no Minister shall disclose,
communicate or reveal such deliberations save by permission of the Council of Ministers.
Article 112
Appointment and Removal of Ministers
(1) Ministers of the National Government shall be appointed and removed from office by the
President.
(2) Appointment of the Ministers of the National Government shall be approved by a resolution of
the National Legislative Assembly adopted by a simple majority vote of all members.
(3) Ministers of the National Government shall be selected with due regard to the need for
inclusiveness based on integrity, competence, ethnic and regional diversity and gender.
Article 113
Oath of a Minister To assume office, a national Minister shall, before the President, take the same oath of a Presidential
Advisor as prescribed in Article 107 (2) of this Constitution.
Article 114
Functions of a Minister
(1) A Minister in the National Government shall be the head of his or her ministry and his or her
decisions shall prevail therein. However, the National Council of Ministers may review, amend or
cancel such decisions; the President may suspend the decision of a Minister pending such review
or cancellation.
(2) National Ministers shall:
(a) collaborate and establish good working relations with corresponding Ministers at state
level in fulfillment of their respective constitutional obligations;
(b) perform any public or political role and provide leadership in public affairs to achieve
the policy objectives of the National Government; and
(c) perform or exercise any other function or powers assigned by law or delegation.
Article 115
Collective and Individual Responsibility of Ministers
(1) A Minister of the National Government shall be individually answerable to the President, the
National Council of Ministers and the National Legislative Assembly for the performance of his
or her ministry.
(2) The National Council of Ministers shall be collectively answerable to the President and the
National Legislative Assembly in the performance of its functions.
(3) Ministers of the National Government shall be bound by decisions of the Council of Ministers.
Article 116
Contesting Ministerial Acts
Any person aggrieved by an act of the National Council of Ministers or a National
Minister may contest such act before:
(a) the Supreme Court, if the alleged act involves a violation of this Constitution; or
(b) any other court of law or competent authority if the allegation is based on other legal
grounds.
Article 117
Appointment, Removal and Functions of Deputy Ministers
(1) The President may appoint and remove Deputy Ministers.
(2) The National Legislative Assembly shall approve the appointment of the Deputy Ministers by a
simple majority of the members present and voting.
(3) The Deputy Ministers shall assist the national Ministers in the performance of their functions
and duties and shall act in their absence.
(4) To assume office, a Deputy Minister shall, before the President, take the same oath of a
Presidential Advisor as prescribed in Article 108 (2) of this Constitution.
Article 118
Vote of No Confidence against a Minister
(1) The National Legislative Assembly may, by a resolution supported by a two-thirds majority of all
its members pass a vote of no confidence against a Minister.
(2) Upon a vote of no confidence being passed against a Minister, he or she shall resign or be
removed from office by the President.
(3) Proceedings for a vote of no confidence against a Minister shall be regulated by the Conduct of
Business Regulations of the Assembly.
Article 119
Vacancy of the Office of a Minister or Deputy Minister
The office of a Minister or Deputy Minister of the National Government shall fall vacant in any of the
following cases:
(a) acceptance of a written resignation by the President;
(b) removal from office by the President;
(c) removal from office by the President on the ground of mental infirmity or physical
incapacity based on an official Medical Commission report;
(d) in the case of a Minister, resolution of the National Legislative Assembly, as set forth in
Article 119 (2) of this Constitution; or
(e) death.
Article 120
Declaration of Wealth and Prohibition of Private Business
(1) All executive and legislative constitutional office holders, Justices, and senior Civil Service
officials at all levels of government shall, upon assumption of their offices, make confidential
declaration of their assets and liabilities including those of their spouses and children in
accordance with the law.
(2) The President, Vice President, Presidential Advisors, Ministers, and Deputy Ministers of the
National Government, Governors, state Advisors, state Ministers, and other constitutional office
holders shall, during their tenure of office, neither practice any private profession, transact
commercial business, nor receive remuneration or accept employment of any kind from any
source other than the National Government or a state government as the case may be.
Article 121
Emoluments and Remuneration The President and Vice President, Presidential Advisors, Ministers, and Deputy Ministers of the
National Government, Governors, state Advisors, state Ministers and other constitutional office
holders shall be paid such emoluments and other remuneration and, on leaving office, receive such
benefits as shall be regulated by law.
PART SEVEN - THE JUDICIARY
Article 122
The Judicial Power
(1) Judicial power is derived from the people and shall be exercised by the courts in accordance
with the customs, values, norms and aspirations of the people and in conformity with this
Constitution and the law.
(2) Judicial power shall be vested in an independent institution to be known as the Judiciary.
(3) The Judiciary shall be responsible for the maintenance of professional standards and training of
judicial personnel.
(4) The Judiciary shall have power to adjudicate on disputes and render judgments in accordance
with this Constitution and the law.
(5) In adjudicating cases of both civil and criminal nature, the courts shall, subject to the law, apply,
inter alia, the following principles:
(a) justice shall be done to all irrespective of their social¸ political or economic status,
gender, religion or beliefs;
(b) justice shall not be delayed;
(c) adequate compensation shall be awarded to victims of wrongs;
(d) voluntary reconciliation agreements between parties shall be recognized and enforced;
and
(e) substantive justice shall be administered without undue regard to technicalities.
(6) There shall be a substantial representation of women in the Judiciary having regard to
competence, integrity, credibility and impartiality.
(7) All organs and institutions, at all levels of government, shall obey and execute the judgments
and orders of the courts.
(8) The Chief Justice, as the head of the Judiciary, shall be responsible for the administration of the
Judiciary.
(9) The overall administration of the Judiciary, its composition and functions shall be prescribed by
law in accordance with the provisions of this Constitution.
Article 123
Structure of the Judiciary
The Judiciary shall be structured as follows:
(a) the Supreme Court;
(b) Courts of Appeal;
(c) High Courts;
(d) County Courts; and
(e) other courts or tribunals as deemed necessary to be established in accordance with the
provisions of this Constitution and the law.
Article 124
Independence of the Judiciary
(1) The Judiciary shall be independent of the executive and the legislature.
(2) The budget of the Judiciary, after its approval by the National Judicial Service Commission and
assent of the President, shall be charged on the consolidated fund and it shall have the financial
independence in the management thereof.
(3) The Judiciary shall be self-accounting and its finances shall be subject to public audit.
(4) The Judiciary shall be subject to this Constitution and the law which the Judges shall apply
impartially and without political interference, fear or favour.
(5) The executive and legislative organs at all levels of government shall uphold, promote and
respect the independence of the Judiciary.
(6) Justices and Judges shall be independent in their judicial work, and shall perform their functions
without interference. Their independence shall be guaranteed by this Constitution and the law.
(7) Justices and Judges shall uphold this Constitution and the rule of law and shall administer justice
without fear or favour; they shall enjoy such immunities as shall be determined by law.
(8) Justices and Judges shall not be affected by their judicial decisions.
(9) The salaries, allowances, privileges, post-service benefits, tenure and other conditions and terms
of service of judicial officers or other persons exercising judicial powers shall be regulated by
law.
Article 125
Composition of the Supreme Court
The Supreme Court shall be the highest court and shall consist of the Chief Justice, a Deputy Chief
Justice and not less than nine other Justices.
Article 126
Competences of the Supreme Court
(1) The Supreme Court shall be the custodian of this Constitution and the constitutions of the
states.
(2) The Supreme Court shall exercise competences as follows:
(a) interpret constitutional provisions at the instance of the President, Government of
South Sudan, any state government, or any of the two Houses of the National
Legislature;
(b) be the court of final judicial instance in respect of any litigation or prosecution under
National or state law, including statutory and customary law;
(c) have original jurisdiction to decide on disputes that arise under this Constitution and
the constitutions of states at the instance of individuals, juridical entities or
governments;
(d) adjudicate on the constitutionality of laws and set aside or strike down laws or
provisions of laws that are inconsistent with this Constitution or the constitutions of the
states to the extent of the inconsistency;
(e) be a court of review and cassation in respect of any criminal, civil and administrative
matters arising out of or under the law;
(f) have criminal jurisdiction over the President in accordance with Article 103 (2) herein;
(g) have criminal jurisdiction over the Vice President, the Speakers of the National
Legislative Assembly and the Council of States and the Justices of the Supreme Court;
(h) review death sentences imposed by courts in respect of offences committed under the
law;
(i) receive appeals against decisions and judgments of the courts of appeal;
(j) have original and final jurisdiction to resolve disputes between the states and between
the National Government and a state in respect of areas of exclusive, concurrent or
residual competences;
(k) uphold and protect human rights and fundamental freedoms; and
(l) have such other competences as prescribed by this Constitution and the law.
(3) The Supreme Court shall sit in panels of three justices each on all matters; except that when
sitting as a Constitutional panel it shall consist of not less than nine members of the Supreme
Court and be chaired by the Chief Justice.
(4) Decisions of the Supreme Court shall be taken by majority of Justices in each panel.
(5) The decisions of the Supreme Court shall be final and binding.
(6) The Supreme Court shall regulate its functions and procedures in accordance with the law.
Article 127
Administrative Functions of the Chief Justice
(1) The Chief Justice:
(a) shall be the head of the Judiciary and the President of the Supreme Court, and shall be
responsible for the administration and supervision of all courts; and
(b) may issue judicial circulars, warrants of establishment and directives to the courts
necessary for the proper and efficient administration of justice.
(2) When the office of Chief Justice falls vacant, the Deputy Chief Justice shall perform the functions
of the Chief Justice pending the appointment of a new Chief Justice.
Article 128
Administrative Functions of the Deputy Chief Justice
The Deputy Chief Justice shall:
(a) deputize for the Chief Justice and act in his or her absence; and
(b) perform any other function and duty as may be assigned to him or her by the Chief
Justice.
Article 129
Courts of Appeal (1) The establishment, composition, competences and procedures of the Courts of Appeal shall be
determined by law.
(2) Decisions of the Courts of Appeal shall be appealed against before the Supreme Court.
Article 130
High Courts
(1) The establishment, composition, competences, jurisdiction and procedures of High Courts shall
be determined by law.
(2) Decisions of the High Courts shall be appealed against before the Courts of Appeal.
Article 131
County and Other Courts
(1) The establishment, composition, competences and procedures of County and other courts at
lower levels shall be determined by law.
(2) Decisions of the County Courts shall be appealed against before the High Courts.
Article 132
The National Judicial Service Commission (1) There shall be established an independent commission to be known as the National Judicial
Service Commission.
(2) The structure, composition, functions, and terms and conditions of service of the members and
employees of the Commission shall be determined by law.
Article 133
Appointment of Justices and Judges
(1) The President of the Republic shall appoint the Chief Justice having regard to competence,
integrity, credibility and impartiality in accordance with this Constitution and the law.
(2) The President shall, upon the recommendation of the Judicial Service Commission, appoint the
Deputy Chief Justice and Justices of the Supreme Court, Justices of the Courts of Appeal and the
Judges of the High Courts and County Courts having regard to competence, integrity, credibility
and impartiality in accordance with this Constitution and the law.
(3) The appointment of the Chief Justice, Deputy Chief Justice and Justices of the Supreme Court
shall be subject to approval by a two-thirds majority of all members of the National Legislative
Assembly.
(4) The National Legislative Assembly shall enact a law to provide for appointments, terms and
conditions of service of Justices and Judges.
(5) All Justices and Judges shall, before assuming their duties, take the oath of office as shall be
prescribed by law.
Article 134
Discipline of Justices and Judges
(1) Discipline of Justices and Judges shall be exercised by the Chief Justice with the approval of the
Judicial Service Commission.
(2) Justices and Judges may be removed by an order of the President for gross misconduct,
incompetence and incapacity and upon the recommendation of the National Judicial Service
Commission.
PART EIGHT - PUBLIC ATTORNEYS AND ADVOCACY
Article 135
Public Attorneys and Legal Advisors
(1) The Public Attorneys and Legal Advisors shall be under the National Ministry of Justice.
(2) The Minister of Justice shall be the chief Legal Advisor and the prosecuting authority at all levels
of government, and shall perform such other functions of legal nature as may be prescribed by
law.
(3) Public Attorneys and Legal Advisors shall advise all levels of government, represent them in
public prosecution, litigation, adjudication, and conduct pre-trial proceedings. They shall
recommend law reform, strive to protect public and private rights, advice on legal issues and
shall render legal aid.
(4) Public Attorneys and Legal Advisors at all levels of government shall perform their duties
diligently according to this Constitution and the law.
(5) Without prejudice to the generality of sub-Article (2) above, the Minister of Justice shall be
responsible for:
(a) drawing up, perusing and recommending approval or otherwise, of such agreements,
contracts, treaties, international conventions and instruments to which the Government
is a party or in respect of which the Government has an interest;
(b) representing the government in court or any other legal proceedings to which any level
of government is a party;
(c) drafting legislation, including subsidiary legislation, for the government and;
(d) performing such other functions as may be assigned to him or her by the President or
the law.
(6) All executive institutions and organs of government at all levels shall comply with legal advice
duly given by the Minister of Justice.
(7) The functions, immunities, emoluments, and terms and conditions of service of the Public
Attorneys and Legal Advisors shall be prescribed by law.
Article 136
Advocacy
(1) Advocacy is an independent private legal profession and it shall be regulated by law.
(2) Advocates shall observe professional ethics, and promote, protect and advance the human
rights and fundamental freedoms of citizens.
(3) Advocates shall serve to prevent injustice, defend the legal rights and interests of their clients,
seek conciliation between adversaries and may render legal aid for the needy according to the
law.
Article 137
Law Review Commission (1) There shall be established an independent commission to be known as the Law Review
Commission.
(2) The structure, composition, functions, and terms and conditions of service of the members and
employees of the Commission shall be determined by law.
PART NINE - THE CIVIL SERVICE, INDEPENDENT INSTITUTIONS AND COMMISSIONS
CHAPTER I - THE CIVIL SERVICE
Article 138
Civil Service
(1) The National Government shall have a Civil Service consisting of all its employees who shall
impartially carry out the functions assigned to them according to the law.
(2) Civil servants, including the Undersecretaries, at all levels of government shall be recruited,
appointed and promoted on the basis of educational qualifications, professional training,
experience, competence and merit.
(3) The law shall determine terms and conditions of service, duties and rights of employees of the
Civil Service.
Article 139
Basic Values and Guidelines for Civil Service (1) The Civil Service shall be governed by, inter alia, the following values and principles:
(a) a high standard of professional ethics shall be promoted and maintained through
focusing on merit and training;
(b) efficient, economic and effective use of resources shall be promoted;
(c) Civil Service shall be development oriented;
(d) services shall be provided to all persons impartially, fairly, equitably and without bias or
discrimination on the basis of religion, ethnicity, region, gender, health status or
physical disability;
(e) needs of the people shall be appropriately addressed, and the public shall be
encouraged to participate in policymaking;
(f) Civil Service shall be accountable to the appropriate level of government;
(g) transparency shall be fostered by providing the public with timely, accessible and
accurate information;
(h) good human-resource management and career-development practices to maximize
human potential, shall be inculcated;
(i) Civil Service shall be broadly representative of the people of South Sudan, with
employment and personnel management practices based on ability, objectivity, fair
competition for jobs, and the need to redress any imbalances of the past to achieve
broad representation through affirmative action;
(j) persons with special needs shall be provided with specialized and appropriate training
opportunities;
(k) the Civil Service shall function, and be structured, in accordance with the law; it shall
execute the policies of the government;
(l) civil servants shall not engage in party politics; no civil servant shall be favored or
victimized because of his or her political opinion;
(m) any civil servant seeking an elective office shall resign his or her post in the Civil Service;
and
(n) all levels of government shall be responsible for the recruitment, appointment,
promotion, transfer and dismissal of employees of the Civil Service in their
administrations guided by uniform norms and standards set out in this Constitution and
the law.
(2) The terms and conditions of employment in the Civil Service shall be regulated by law.
Article 140
The Civil Service Commission (1) There shall be established a Civil Service Commission composed of persons of proven
competence, experience, integrity and impartiality.
(2) The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by
the President in accordance with this Constitution and the law.
(3) The Civil Service Commission shall advise the National Government on the formulation and
execution of policies related to public service, employment and employees.
(4) The Commission shall be independent and impartial, and shall exercise its powers and perform
its functions without fear, favour or prejudice in the interest of the maintenance of an effective
and efficient Civil Service and a high standard of professional ethics therein.
(5) The structure, composition, functions, powers and terms and conditions of service of the
Chairperson, Deputy Chairperson, Members and employees of the Commission shall be
regulated by law.
Article 141
Employees Justice Chamber
(1) There shall be established a National Employees Justice Chamber which shall be composed of a
Chairperson, Deputy Chairperson, and Members of proven competence, experience, integrity
and impartiality.
(2) The Chairperson, Deputy Chairperson and Members of the Chamber shall be appointed by the
President in accordance with this Constitution and the law.
(3) The Chamber shall, without prejudice to the right of resorting to courts or exhausting the
proceedings of the Civil Service Commission, be competent to consider and determine
grievances from Civil Service employees.
(4) The Chamber shall present to the President any recommendations or proposed remedies it
deems appropriate to ensure justice.
(5) The structure, composition, functions, powers and terms and conditions of service of the
Chairperson, Deputy Chairperson, Members and employees of the Chamber shall be regulated
by law.
CHAPTER II - INDEPENDENT INSTITUTIONS AND COMMISSIONS
Article 142 (1) The National Government shall establish independent institutions and commissions as provided
for by this Constitution. Such institutions and commissions shall perform their functions and
duties impartially and without interference from any person or authority.
(2) The National Government may establish other institutions and commissions compatible with its
powers as it deems necessary to promote the welfare of its people, good governance and
justice.
(3) The National Government shall ensure that at least twenty-five percent of the membership of
each of these institutions and commissions shall be women.
CHAPTER III - ANTI-CORRUPTION COMMISSION
Article 143
Establishment of the Anti-Corruption Commission (1) There shall be established an independent commission to be known as the Anti-Corruption
Commission.
(2) The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by
the President with the approval of the National Legislative Assembly by a simple majority of all
the members.
(3) The members of the Commission shall be persons of high moral character and proven integrity
and shall be independent, competent, non-partisan and impartial. They may not be removed
from office except with the approval of the National Legislative Assembly by a two-thirds
majority of all members.
(4) The structure, composition, functions, powers and terms and conditions of service of the
Chairperson, Deputy Chairperson, Members and employees of the Commission shall be
regulated by law.
Article 144
Functions of the Commission (1) Without prejudice to the powers of the Ministry of Justice in public prosecution, the
Commission shall, inter alia, perform the following functions:
(a) protect public property;
(b) Investigate and prosecute only cases of corruption;
(c) combat administrative malpractices in public institutions; and
(d) pursuant to the provisions of Article 120 (1) herein, require all persons holding such
public offices to make confidential formal declarations of their income, assets and
liabilities.
(2) Without prejudice to sub-Article (1) above, the Commission shall not have any power to
question the decision of any Justice, Judge or Magistrate where such decision was made in the
discharge of the judicial functions of his or her office.
CHAPTER IV - HUMAN RIGHTS COMMISSION
Article 145
Establishment of the Human Rights Commission
(1) There shall be established an independent commission to be known as the Human Rights
Commission.
(2) The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by
the President with the approval of the National Legislative Assembly by a simple majority of all
members present and voting.
(3) The Chairperson, Deputy Chairperson, and Members of the Commission shall be persons of
proven integrity, competence, non-partisan and impartial.
(4) The Commission shall have power to issue summons or other orders requiring representatives
of relevant institutions and other bodies at all levels of government or persons or organizations
to appear before it or produce any document or record relevant to any investigation by the
Commission.
(5) The Commission may request a government representative or any person or organization to
take part in its deliberations if and when necessary.
Article 146
Functions of the Commission (1) The functions of the Commission shall be to:
(a) monitor the application and enforcement of the rights and freedoms enshrined in this
Constitution;
(b) investigate, on its own initiative, or on a complaint made by any person or group of
persons, against any violation of human rights and fundamental freedoms;
(c) visit police jails, prisons and related facilities with a view to assessing and inspecting
conditions of the inmates and make recommendations to the relevant authority;
(d) establish a continuing programme of research, education and information to enhance
respect for human rights and fundamental freedoms;
(e) recommend to the National Legislative Assembly effective measures to promote human
rights and fundamental freedoms;
(f) create and sustain within society awareness of the provisions of this Constitution as the
fundamental law of the people of South Sudan;
(g) educate and encourage the public to defend their human rights and fundamental
freedoms against all forms of abuse and violation;
(h) formulate, implement and oversee programmes intended to inculcate in the citizens
awareness of their civic responsibilities and understanding of their rights and
obligations as citizens;
(i) monitor compliance of all levels of government with international and regional human
rights treaties and conventions ratified by the Republic of South Sudan;
(j) express opinion or present advice to government organs on any issue related to human
rights and fundamental freedoms; and
(k) perform such other function as may be prescribed by law.
(2) The Human Rights Commission shall publish periodical reports on its findings and submit annual
reports to the National Legislative Assembly on the state of human rights and fundamental
freedoms.
(3) The structure, composition, functions, powers and terms and conditions of service of the
Chairperson, Deputy Chairperson, Members and employees of the Commission shall be
regulated by law.
CHAPTER V - PUBLIC GRIEVANCES CHAMBER
Article 147 (1) There shall be established an independent body to be known as the Public Grievances Chamber.
(2) The Chairperson, Deputy Chairperson and Members of the Chamber shall be appointed by the
President from persons of proven integrity, competence and shall be non-partisan and impartial.
(3) The structure, composition, functions, powers and terms and conditions of service of the
Chairperson, Deputy Chairperson, Members and employees of the Chamber shall be regulated
by law.
CHAPTER VI - RELIEF AND REHABILITATION COMMISSION
Article 148 (1) There shall be established an independent commission to be known as the Relief and
Rehabilitation Commission.
(2) The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by
the President in accordance with the law.
(3) The structure, composition, functions, powers and terms and conditions of service of the
Chairperson, Deputy Chairperson, Members and employees of the Commission shall be
regulated by law.
CHAPTER VII - DEMOBILIZATION, DISARMAMENT AND RE-INTEGRATION COMMISSION
Article 149
(1) There shall be established an independent commission to be known as the Demobilization,
Disarmament and Re-Integration Commission.
(2) The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by
the President in accordance with this Constitution and the law.
(3) The structure, composition, functions, powers and terms and conditions of service of the
Chairperson, Deputy Chairperson, Members and employees of the Commission shall be
regulated by law.
CHAPTER VIII - HIV/AIDS COMMISSION
Article 150 (1) There shall be established an independent commission to be known as the HIV/AIDS
Commission.
(2) The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by
the President in accordance with the provisions of this Constitution and the law.
(3) The structure, composition, functions, powers and terms and conditions of service of the
Chairperson, Deputy Chairperson, Members and employees of the Commission shall be
regulated by law.
PART TEN - ARMED FORCES, LAW ENFORCEMENT AGENCIES AND SECURITY
CHAPTER I - ARMED FORCES
Article 151
Composition, Status, Mission and Duties
(1) The Sudan People’s Liberation Army shall constitute the national armed forces of the Republic of
South Sudan.
(2) The Sudan People’s Liberation Army shall be transformed into the South Sudan Armed Forces,
and shall be non-partisan, national in character, patriotic, regular, professional, disciplined,
productive and subordinate to the civilian authority as established under this Constitution and
the law.
(3) No person or persons shall raise any armed or paramilitary force in South Sudan except in
accordance with this Constitution and the law.
(4) The mission of the national armed forces, in addition to its other national duties, shall be to:
(a) uphold this Constitution;
(b) defend the sovereignty of the country;
(c) protect the people of South Sudan;
(d) secure the territorial integrity of South Sudan;
(e) defend South Sudan against external threats and aggression; and
(f) be involved in addressing any emergencies, participate in reconstruction activities, and
assist in disaster management and relief in accordance with this Constitution and the
law.
(5) The law shall stipulate the conditions in which the civilian authority may resort to the
engagement of the armed forces in missions of non-military nature.
(6) The national armed forces shall respect and abide by the rule of law and respect the will of the
people, the civilian authority, democracy, basic human rights and fundamental freedoms.
(7) The national armed forces shall not have any internal law and order mandate except as may be
requested by the civilian authority when necessity so requires.
(8) Military service, Military Courts and military legal services shall be regulated by law.
Article 152
Code of Conduct for the Armed Forces There shall be a code of conduct for the national armed forces that shall:
(a) be informed by their military doctrine;
(b) make a clear distinction between the military and partisan political functions;
(c) underline the principle that the national armed forces shall not be used as an
instrument of physical intimidation of the civilian population;
(d) make a clear distinction between the military and the policing mandate; and
(e) make clear that all members of armed forces shall not be involved in illicit activities that
may affect the environment and natural resources.
Article 153
Command and Control
(1) The President of the Republic of South Sudan shall be the Commander-in-Chief of the national
armed forces.
(2) The Commander-in-Chief shall commission, promote, retire or dismiss officers of the national
armed forces according to the law.
(3) The structure, command, control and terms and conditions of service of the national armed
forces shall be prescribed by law.
Article 154
Command Council (1) There shall be established a consultative body which shall be known as the National Armed
Forces Command Council.
(2) The composition, functions and duties of the Command Council shall be prescribed by law.
CHAPTER II - LAW ENFORCEMENT AGENCIES
Article 155
The Police Service
(1) There shall be a police service to be known as the National Police Service which shall be a
decentralized professional service.
(2) The mission of the Police Service shall be to:
(a) prevent, combat and investigate crime, maintain law and public order, protect the
people and their properties; and
(b) uphold and enforce this Constitution and the law.
(3) The Police Service shall be organized at the National and state levels; its organization, structure,
functions, powers, terms and conditions of service shall be regulated by law.
(4) The Police Service shall be headed by an Inspector-General of Police appointed by the President
after approval of the Council of Ministers upon the recommendation of the Minister in charge.
(5) The national Police Service shall be responsible for the maintenance of professional standards
and the recruitment, training, deployment and transfer of police officers throughout South
Sudan.
(6) The Police of South Sudan shall be governed by this Constitution and the law. It shall respect the
will of the people, the rule of law and order, civilian authority, democracy, human rights,
fundamental freedoms and execute judicial orders.
(7) The Police at the National level and their counterparts at the state level shall coordinate,
cooperate and assist each other in the discharge of their functions and duties, and to that end,
shall recommend, through their respective authorities to the President of South Sudan the
establishment of such necessary mechanisms.
Article 156
The Prisons Service (1) There shall be a prisons service to be known as the National Prisons Service and it shall be a
decentralized professional service.
(2) The mission of the Prisons Service shall be correctional, reformative and rehabilitative. It shall
respect the will of the people, the rule of law and order, civilian authority, democracy, human
rights and fundamental freedoms.
(3) The Prisons Service shall be organized at the National and the state levels.
(4) The Prisons Service shall be headed by a Director-General appointed by the President after
approval of the Council of Ministers upon the recommendation of the Minister in charge.
(5) The national Prisons Service shall be responsible for the maintenance of professional standards
and the recruitment, training, deployment and transfer of prison officers throughout South
Sudan.
(6) The functions of Prisons Service shall, inter alia, be to manage, operate and maintain the prisons
of South Sudan, and to administer the internment and care for the health and general welfare of
prisoners and inmates.
(7) Prisons authorities shall treat prisoners humanely. Any treatment that is cruel, inhuman,
degrading of the dignity of prisoners or that may expose their health to danger is prohibited and
punishable by law.
(8) Organization, powers, terms and conditions of service of the Prisons Service shall be prescribed
by law.
Article 157
The Wildlife Service (1) There shall be established a wildlife service to be known as the National Wildlife Service and it
shall be a decentralized professional service.
(2) The mission of the Wildlife Service shall be to protect the wildlife and to preserve and conserve
the natural habitat of flora and fauna of South Sudan.
(3) The Wildlife Service shall be organized at the National and the state levels.
(4) The Wildlife Service shall be headed by a Director-General of Wildlife appointed by the President
after approval of the Council of Ministers upon the recommendation of the Minister in charge.
(5) The national Wildlife Service shall be responsible for the maintenance of professional standards
and the recruitment, training, deployment and transfer of wildlife officers throughout South
Sudan.
(6) The Wildlife Service shall coordinate and cooperate with the local communities on the
protection and management of wildlife within their areas.
(7) The Wildlife Service shall act in accordance with this Constitution and the following guiding
principles:
(a) the conservation and protection of the natural ecosystems, bio-diversity and
endangered species shall be the primary consideration in carrying out its duties;
(b) consistent with the provisions of this Constitution and the law, the Wildlife Service shall
manage wildlife resources in a manner that will ensure the protection of human life;
and
(c) wildlife shall be protected and managed in accordance with the international standards
and obligations.
(8) The Wildlife Service shall respect the will of the people, the rule of law, civilian authority,
democracy, human rights, fundamental freedoms and the protection of animals in accordance
with the law.
(9) The organization, functions, powers and terms and conditions of service of the Wildlife Service
shall be regulated by law.
Article 158
The Fire Brigade Service (1) There shall be a fire brigade service to be known as the National Fire Brigade Service and it shall
be a decentralized professional service.
(2) The mission of the Fire Brigade Service shall be to prevent and protect the people of South
Sudan and their property from fire and disasters.
(3) The Fire Brigade Service shall be organized at all levels of government.
(4) The Fire Brigade Service shall be headed by a Commissioner of Fire Brigade appointed by the
President after approval of the Council of Ministers upon the recommendation of the Minister in
charge.
(5) The national Fire Brigade Service shall be responsible for the maintenance of professional
standards and the recruitment, training, deployment and transfer of fire brigade officers
throughout South Sudan.
(6) The organization, functions and terms and conditions of service of the Fire Brigade Service shall
be regulated by law.
CHAPTER III - NATIONAL SECURITY
Article 159
Guiding Principles of National Security
National security shall:
(a) be subject to the authority of this Constitution and the law;
(b) be subordinate to the civilian authority;
(c) respect the will of the people, the rule of law, democracy, human rights and
fundamental freedoms;
(d) reflect the diversity of the people of South Sudan in its recruitment; and
(e) be professional and its mandate shall focus on information gathering, analysis and
advice to the relevant authorities.
Article 160
National Security Service
(1) There shall be established a security service which shall be known as the National Security
Service.
(2)
(a) The National Security Service shall have two operational organs, to be known as:
(i) the Internal Security Bureau; and
(ii) the General Intelligence Bureau.
(b) Each of the operational organs shall be headed by a Director-General appointed by the
President with the approval of the Security Council upon the recommendation of the
Minister in charge.
(3) The two operational organs shall be under a Minister in the Office of the President who shall
report to and be directly accountable to the President.
(4) The National Security Service shall be charged with the internal and external security of the
Country and its people.
(5) The structures, mission, mandate, functions of the Service, and the terms and conditions of
service of its personnel shall be prescribed by law.
Article 161
National Security Council and Committees (1) There shall be established at the national level a National Security Council, the composition and
functions of which shall be determined by law.
(2) The National Security Council shall define the national security strategy based on the analysis of
all threats to security of South Sudan.
(3) There shall be established at the state and county levels security committees; their composition
and functions shall be prescribed by law.
PART ELEVEN - THE STATES, LOCAL GOVERNMENT AND TRADITIONAL AUTHORITY
CHAPTER I - STATES OF SOUTH SUDAN
Article 162
General Provisions
(1) The territory of South Sudan is composed of ten states governed on the basis of
decentralization.
(2) The constitutions of the states shall conform to this Constitution.
(3) State boundaries shall not be altered except by a resolution of the Council of States approved by
two-thirds of all members.
(4) Names of states and their capital towns shall not be altered except by a resolution of the Council
of States approved by a simple majority of all members on the recommendation of the relevant
state Assembly.
Article 163
State Organs (1) There shall be legislative and executive organs at each state level; they shall function in
accordance with this Constitution and the relevant state constitution.
(2) Each state shall have exclusive executive and legislative competences as set forth in Schedule B
of this Constitution.
(3) Each state shall have concurrent and residual executive and legislative competences as set forth
in Schedules C and D, read together with Schedule E herein.
(4) Each state government shall exercise such other powers as shall promote the welfare of the
people of that state and to protect their human rights and fundamental freedoms as are
provided for in this Constitution.
(5) Each state shall organize, promote and empower the local government institutions in
accordance with the provisions of this Constitution and its constitution and the law.
(6) Elections to the local government institutions shall be organized and conducted by the National
Elections Commission in accordance with the provisions of this Constitution and the law.
(7) In fulfilment of the principle of affirmative action, women shall be allocated at least twenty-five
per cent of the seats and positions in each legislative and each executive organ of each state,
without prejudice to their right to compete for the remaining seats and positions in such organs.
Article 164
State Legislative Assembly (1) The existing state legislatures shall be known as state Legislative Assemblies. They shall
comprise of the current elected members.
(2) Each state Legislative Assembly shall adopt a draft amended state constitution to become its
state transitional constitution, provided that it shall be in conformity with this Constitution.
(3) Each state Legislative Assembly shall have law-making competence in respect of the functional
areas listed in Schedules B, C and D read together with Schedule E herein, and such other
legislative competences as are conferred upon the state by this Constitution, the state
constitution, and the law.
(4)
(a) A state Legislative Assembly may, in accordance with the state transitional constitution,
pass a vote of no confidence in the Governor by three quarters majority of all its
members;
(b) If the state Legislative Assembly passes a vote of no confidence as stated in paragraph
(a) above, the President shall act upon such a vote in accordance with Article 101 (s)
herein; and shall call a snap election.
(c) If the Governor who was subjected to the vote of no-confidence is re-elected, the state
legislature shall be deemed to have been dissolved. A new state legislature shall be
elected within sixty days to complete the tenure of the dissolved legislature; and
(d) A vote of no confidence in the Governor shall not be passed before he or she completes
twelve months in office.
(5)
(a) The term of a State Legislative Assembly shall be five years.
(b) Notwithstanding Article 5 (a) above, during the transitional period the term of a State
Legislative Assembly shall be four years from July 9, 2011.
(6) Governors, members of state Legislative Assemblies and the state councils of ministers shall
have such immunities as are provided by law.
(7) Each state Legislative Assembly shall make its own Conduct of Business Regulations, establish its
committees and elect its speaker and other officers.
Article 165
State Executive (1) There shall be a governor for each state elected by the residents of that state in compliance with
the requirements prescribed by the National Elections Commission and in accordance with this
Constitution and the relevant state constitution.
(2) The Governor of each state shall be the head of the executive organ in the state and shall
appoint and relieve the Deputy Governor, state Advisors, and state Ministers in consultation
with the President and in accordance with the state constitution.
(3) The Deputy Governor may assume the portfolio of a Minister other than the Minister of Finance,
and shall act as Governor in the absence of the Governor.
(4) State Ministers shall be individually and collectively answerable to the Governor and the state
Legislative Assembly in the performance of their functions.
(5) A state Minister may be removed by the Governor; or on a motion supported by two-thirds of all
the members of the state Legislative Assembly.
(6) The state executive shall exercise the executive competences of the state in respect of the
functional areas in Schedules B, C and D read together with Schedule E, as conferred by this
Constitution and the state constitution and such other executive powers as may be prescribed
by law.
CHAPTER II - LOCAL GOVERNMENT
Article 166
Local Government
(1) Pursuant to Article 47 (c) of this Constitution and the state constitutions, the states shall enact
laws for the establishment of a system of local government based on urban and rural councils
for which they shall provide structures, composition, finance and functions.
(2) Without prejudice to the provisions of sub-Article (1) above and for the purposes of the initial
establishment of a local government system, and in order to set common standards and criteria
for the organization of local government, the National Government shall enact the necessary
legislation.
(3) The President shall establish a Local Government Board under his or her office to review the
local government system and recommend the necessary policy guidelines and action in
accordance with the decentralization policy enshrined in this Constitution.
(4) Without prejudice to the existing forms of the local government structures, local government
councils shall be established by law taking into account but not limited to the following criteria:
(a) size of territory;
(b) population;
(c) economic viability;
(d) common interest of the communities; and
(e) administrative convenience and effectiveness.
(5) Local government tiers shall consist of County, Payam and Boma in the rural areas, and of city,
municipal and town councils in the urban areas.
(6) The objects of local government shall be to:
(a) promote self-governance and enhance the participation of people and communities in
maintaining law and order and promoting democratic, transparent and accountable
local government;
(b) establish the local government institutions as close as possible to the people;
(c) encourage the involvement of communities and community based organisations in the
matters of local government, and promote dialogue among them on matters of local
interest;
(d) promote and facilitate civic education;
(e) promote social and economic development;
(f) promote self-reliance amongst the people through mobilisation of local resources to
ensure the provision of health and educational services to communities in a sustainable
manner;
(g) promote peace, reconciliation and peaceful coexistence among the various
communities;
(h) ensure gender mainstreaming in local government;
(i) acknowledge and incorporate the role of Traditional Authority and customary law in the
local government system;
(j) involve communities in decisions relating to the exploitation of natural resources in
their areas and promote a safe and healthy environment; and
(k) promote and support the training of local cadres.
(7) Local governments shall have powers to levy, charge, collect and appropriate fees and taxes in
accordance with the law.
(8) The National Government may pay grants-in-aid to states in support of their budgetary deficits
and that of local government councils.
Article 167
Traditional Authority
(1) The institution, status and role of Traditional Authority, according to customary law, are
recognised under this Constitution.
(2) Traditional Authority shall function in accordance with this Constitution, the state constitutions
and the law.
(3) The courts shall apply customary law subject to this Constitution and the law.
Article 168
Role of Traditional Authority
(1) Legislation of the states shall provide for the role of Traditional Authority as an institution at the
local government level on matters affecting local communities.
(2) Legislation at the National and state levels shall provide for the establishment, composition,
functions and duties of councils for Traditional Authority leaders.
PART TWELVE - FINANCE AND ECONOMIC MATTERS
CHAPTER I - GUIDING PRINCIPLES FOR DEVELOPMENT AND EQUITABLE SHARING OF NATIONAL
WEALTH
Article 169
(1) The National Government shall promote, support and encourage decentralized broad based and
balanced and participatory economic development based on the principle of subsidiarity and
devolution of governmental functions and powers to the appropriate levels where the people
can best manage and direct their own affairs.
(2) Equitable economic development shall be based, inter alia, on the agricultural and agro-
industrial sectors, and promotion of private sector conducted in accordance with the best
known practices of sustainable development within a framework of transparent and
accountable governance.
(3) The National Government shall promote and encourage the participation of the people in the
formulation of its development policies and programmes.
(4) The National Government shall endeavour to build institutional, human, social and economic
capacity, develop infrastructure and social services and raise the standard of public services to
attain the Millennium Development Goals.
(5) The sharing and allocation of resources and national wealth shall be based on the premise that
all states, localities and communities are entitled to equitable development without
discrimination as shall be regulated by law.
(6) National wealth and other resources shall be allocated in a manner that will enable each level of
government to discharge its legal and constitutional responsibilities and duties and ensure that
the quality of life and dignity of all the people are promoted without discrimination on grounds
of gender, religion, political affiliation, ethnicity, language or locality.
(7) The National Government shall fulfil its obligations to provide financial transfers to all levels of
government, and shall, except as otherwise provided herein, apportion revenue equitably
among the states and local governments as shall be determined by law.
(8) Revenue sharing shall reflect a commitment to devolution of powers and decentralization of
decision-making in regard to development, service delivery and good governance.
(9) All taxes and duties set out in this Constitution shall be regulated by law to ensure coordination,
fairness, equity, transparency and to avoid an excessive tax burden and tax incident on the
citizens, private sector and investors.
(10) No level of government shall unduly withhold any allocation or financial transfer due to another
level of government. In case of dispute, any level of government, after attempting amicable
solution, may initiate proceedings before the Supreme Court.
CHAPTER II - LAND OWNERSHIP, TENURE AND NATURAL RESOURCES
Article 170
Land Ownership
(1) All land in South Sudan is owned by the people of South Sudan and its usage shall be regulated
by the government in accordance with the provisions of this Constitution and the law.
(2) Notwithstanding sub-Article (1) above, and the provisions of Article 28 of this Constitution, the
government at all levels, may expropriate land in the public interest as shall be prescribed by
law.
Article 171
Land Tenure
(1) The regulation of land tenure, usage and exercise of rights thereon shall be governed by this
Constitution and the law.
(2) Without prejudice to sub-Article (4) below, the land tenure system in South Sudan shall consist
of:
(a) public land;
(b) community land; and
(c) private land.
(3) Public land shall include, but not be limited to:
(a) all land owned, held or otherwise acquired by any level of government as
(b) defined by law; and
(c) all land which is not otherwise classified as community or private.
(4) Regardless of the classification of the land in question, rights over all subterranean and other
natural resources throughout South Sudan, including petroleum and gas resources and solid
minerals, shall belong to the National Government and shall be regulated by law.
(5) Community land shall include all lands traditionally and historically held or used by local
communities or their members. They shall be defined, held, managed and protected by law.
(6) Private land shall include:
(a) registered land held by any person under leasehold tenure in accordance with the law;
(b) investment land acquired under lease from the Government or community for purposes
of social and economic development in accordance with the law; and
(c) any other land designated as private land by law.
(7) Rights in land and resources owned, held or otherwise acquired by the Government shall be
exercised through the appropriate or designated level of government which shall recognize
customary land rights under customary land law.
(8) All levels of government shall institute a process to progressively develop and amend the
relevant laws to incorporate customary rights and practices and local heritage.
(9) Communities and persons enjoying rights in land shall be consulted in decisions that may affect
their rights in lands and resources.
(10) Communities and persons enjoying rights in land shall be entitled to prompt and equitable
compensation on just terms arising from acquisition or development of land in their areas in the
public interest.
Article 172
Land Commission (1) There shall be established an independent commission to be known as the Land Commission,
and it shall be composed of persons of proven competence, experience, integrity and
impartiality.
(2) The Chairperson, Deputy Chairperson and Members of the Commission shall be appointed by
the President in accordance with this Constitution and the law.
(3) The structure, composition, functions, powers and terms and conditions of service of the
Chairperson, Deputy Chairperson, Members and employees of the Commission shall be
regulated by law.
CHAPTER III - PETROLEUM AND GAS DEVELOPMENT AND MANAGEMENT
Article 173
Guiding Principles for Petroleum and Gas Development and Management
(1) Ownership of petroleum and gas shall be vested in the people of South Sudan and shall be
developed and managed by the National Government on behalf of and for the benefit of the
people.
(2) Petroleum and gas development and management shall be guided by the following principles:
(a) safeguarding National interests;
(b) creating lasting benefits for society;
(c) promoting efficient and sustainable resource management;
(d) using oil revenues to develop other sectors of the economy, especially agriculture;
(e) ensuring transparency and accountability;
(f) promoting fair competition to increase productivity and efficiency in the petroleum and
gas sector;
(g) promoting balanced and equitable development;
(h) creating a secure and healthy investment environment;
(i) protecting the environment and biodiversity;
(j) building the capacity of South Sudanese within the petroleum and gas sector;
(k) establishing oil infrastructure within South Sudan, such as pipelines, refineries, storage,
processing and transport facilities;
(l) safeguarding interests of future generations;
(m) ensuring accountability for violations of human rights and degradation to the
environment caused by petroleum and gas-related operations; and
(n) ensuring restoration of land and resources affected by development and management.
Article 174
National Petroleum and Gas Commission (1) A National Petroleum and Gas Commission shall be established as a policymaking body with
respect to petroleum and gas resources as shall be regulated by law.
(2) The National Petroleum and Gas Commission shall report to the President and the National
Legislative Assembly and Council of States.
(3) The National Petroleum and Gas Commission shall consist of relevant national Ministries, other
relevant institutions, and representatives of oil producing states appointed by the President in
accordance with the law.
(4) The Chairperson, Deputy Chairperson and members of the Commission shall be appointed by
the President with the approval of the National Legislative Assembly.
(5) The Structure, Composition, Functions, powers, terms and conditions of service of the
chairperson, Deputy Chairperson, Members and employees of the Commission shall be
regulated by law.
Article 175
Ministry in Charge of Petroleum and Gas
(1) The Ministry in charge of petroleum and gas shall be the policy implementing body of the
Government with respect to petroleum affairs. It shall act in accordance with this Constitution
and the law.
(2) The functions of the Ministry shall include:
(a) negotiating all oil contracts for the exploration and development of oil and ensuring
that they are consistent with its principles, policies and guidelines;
(b) initiating legislation, rules, and regulations regarding the petroleum and gas sector;
(c) managing the relations of the Government with petroleum and gas companies
operating in South Sudan;
(d) formulating strategies and programmes for the development and management of the
petroleum and gas sector;
(e) developing the necessary technical cadres for the petroleum and gas sector;
(f) in consultation with affected communities, ensuring that all petroleum and gas projects
be subjected to environmental and social impact assessment; and
(g) signing contracts on behalf of the Government upon the approval of the National
Petroleum and Gas Commission.
Article 176
National Petroleum and Gas Corporation There shall be established a national petroleum and gas corporation which shall participate in the
upstream, midstream and downstream activities of the petroleum and gas sector on behalf of the
National Government. Its structure, management, and functions shall be determined by law.
CHAPTER IV - SOURCES OF REVENUE
Article 177
Sources of Revenue for the National Government (1) There shall be established a National Revenue Authority. Its structure, composition and
functions shall be regulated by law.
(2) The National Government shall legislate for raising revenue or collecting taxes from the
following sources:
(a) petroleum, Gas/oil, mineral, and other natural resources;
(b) national personal income tax;
(c) corporate and business profit tax;
(d) customs duties and import taxes;
(e) airports, rail, road, and river transport revenue;
(f) service charges, fees and fines;
(g) national government enterprises and projects;
(h) value added tax or general sales tax on goods and services;
(i) excise duties;
(j) loans and borrowing from the Bank of South Sudan and the public;
(k) grants-in-aid and foreign financial assistance;
(l) fees from nationality, passports, immigration and visas;
(m) royalties; and
(n) any other tax or revenue as may be determined by law.
Article 178
National Oil Revenue (1) The National Government oil revenue shall derive from the net oil revenue after payment to the
Oil Revenue Stabilization Account. The two percent payable to the oil producing states shall be
increased to five percent and shall be allocated as follows:
(a) Two percent shall be allocated to the states; and
(b) Three percent to the communities,
The above allocations shall be regulated by law.
(2) An Oil Revenue Stabilization Account shall be established from government oil net revenue
derived from actual export sales above an agreed benchmark price. The benchmark price will be
established annually as part of the national budget.
(3) The National Government shall establish a Future Generation Fund from its share of net oil
revenue.
Article 179
Sources of Revenue of the States The states shall legislate for raising revenue or collecting taxes from the following sources:
(a) state land and property tax and royalties;
(b) service charges for state services;
(c) licences issued by the state;
(d) state personal income tax;
(e) levies on tourism;
(f) at least two percent of net oil and other mineral revenues for each producing state;
(g) state government projects;
(h) stamp duties;
(i) agricultural production taxes;
(j) grants-in-aid and foreign aid;
(k) excise duties;
(l) other state taxes, which are not within the exclusive jurisdiction of the National
Government;
(m) loans and borrowing in accordance with Article 184 (2) and (3) of this Constitution; and
(n) any other tax as may be determined by law.
CHAPTER V - FISCAL AND FINANCIAL INSTITUTIONS
Article 180
National Revenue Fund
(1) All revenue collected for or by the National Government shall be pooled in a National Revenue
Fund administered by the Ministry of Finance. Such Fund shall embrace all accounts and sub-
funds into which monies due to the National Government are collected, deposited and reported.
(2) All the revenue and expenditure of each level of government shall be on-budget operations and
made public as the case may be.
(3) Any withdrawals from the National Revenue Fund shall not be made except in accordance with
the law.
(4) The criteria and conditions for allocation of revenue to the states shall be determined by law.
Article 181
Fiscal and Financial Allocation and Monitoring Commission (1) There shall be established an independent commission to be known as the Fiscal and Financial
Allocation and Monitoring Commission, to ensure transparency and fairness in regard to the
allocation of funds collected at the level of the National Government to the states and local
governments.
(2) The Commission shall undertake the following duties and responsibilities:
(a) recommend criteria for allocation of National revenue to the state and local
government levels;
(b) ensure and monitor that grants from the National Revenue Fund are promptly
transferred to the respective levels of government;
(c) guarantee appropriate sharing and utilization of financial resources at the state and
local government levels;
(d) safeguard transparency and fairness in the allocation of funds to the state and local
government levels;
(e) monitor allocation and utilization of grants to and by the state and local government
levels; and
(f) perform any other function as may be prescribed by law.
(3) The Commission shall submit a quarterly report to the President and the National Legislative
Assembly and the Council of States about its performance, and the President shall take
appropriate remedial action to resolve any problems affecting the work of the Commission.
(4) The President shall appoint the Chairperson, Deputy Chairperson, and Members of the
Commission.
(5) The structure, composition, functions, powers and terms and conditions of service of the
Chairperson, Deputy Chairperson, Members and employees of the Commission shall be
regulated by law.
CHAPTER VI - BANKING IN SOUTH SUDAN
Article 182
Establishment of the Bank of South Sudan (1) There shall be established a central bank in South Sudan to be known as the Bank of South
Sudan to provide for banking services in accordance with this Constitution and the law. The Bank
shall be an independent corporate legal entity.
(2) The Bank of South Sudan shall be responsible for the formulation, conduct and implementation
of monetary policy.
(3) The Bank of South Sudan shall use the market-based banking instruments developed by the
Bank to regulate and supervise the implementation of the national monetary policy in South
Sudan in relation to the following:
(a) formulating monetary policy;
(b) issuing currency;
(c) promoting and maintaining price stability;
(d) maintaining a stable exchange rate;
(e) maintaining sound, effective and efficient banking and credit system;
(f) chartering and supervising financial institutions in South Sudan; and
(g) performing any other function as may be prescribed by law.
(4) The Bank of South Sudan shall be independent in the performance of its functions and the
exercise of its powers.
(5) All financial institutions shall be subject to rules and regulations set by the Bank of South Sudan
as well as to internationally recognised regulatory and prudential standards for finance.
(6) All financial institutions shall be bound to implement monetary policies set by the Bank of South
Sudan.
(7) The Bank of South Sudan shall be headed by a Governor and assisted by two Deputy Governors,
appointed by the President and approved by two-third majority of members of the National
Legislative Assembly present and voting.
(8) The Governor of the Bank of South Sudan shall appoint other senior officers within the Bank of
South Sudan in consultation with the Board of Directors and in accordance with the law.
(9) There shall be established a Board of Directors for the Bank of South Sudan appointed by the
President. It shall consist of nine members as follows:
(a) Governor of the Bank of South Sudan, Chairperson;
(b) two Deputies of the Governor, members; and
(c) six non-executive, highly qualified, competent and experienced South Sudanese who
are not employees of the Bank, members.
(10) The Board of Directors shall be the highest policy-making body of the Bank and shall be
responsible to the President.
(11) Decisions of Board of Directors on matters that may affect adversely the interests of the
clientele shall be by consensus.
(12) The tenure and terms and conditions of service of the Governor, Deputy Governors, members of
the Board of Directors and other officials of the Bank shall be prescribed by law.
Article 183
Circulating Currencies in South Sudan
(1) The Bank of South Sudan shall have the exclusive right to issue a currency to be the legal tender
of South Sudan, the design of which shall reflect the historical and cultural diversity of the
country.
(2) Until a new currency is issued on the recommendation of the Bank of South Sudan, the
circulating currency in South Sudan shall be recognized as a legal tender.
Article 184
Borrowing (1)
(a) The National and state governments may borrow money with the approval of their
respective legislatures. The appropriate legislature may by law exempt any categories of
loans from the requirement of approval and in this case determine the extent of the
money value of the loan subject to such conditions as it may prescribe.
(b) Neither the National Government nor the Bank of South Sudan shall guarantee
borrowing by any state government without their prior approval.
(2) The National and state governments may borrow money from foreign sources depending on
their respective credit worthiness.
(3) Foreign borrowing by the governments of the states shall be in a manner that does not
undermine national macro-economic policies and shall be consistent with the objective of
maintaining external financial viability. All foreign borrowing transactions of National and state
governments shall conform to the specifications of the Bank of South Sudan.
(4) The National and state governments shall report financial and fiscal data relating to such loans
to the Bank of South Sudan for statistical purposes.
CHAPTER VII - ACCOUNTING STANDARDS
Article 185
Accounting Procedures, Standards and Fiscal Accountability (1) All levels of government shall comply with the established and generally accepted accounting
procedures, standards and fiscal accountability to ensure that public funds are allocated and
expended according to the budget of the respective level of government.
(2) All levels of government shall hold all income and revenue received in public accounts and
subject to public scrutiny and accountability.
(3) The accounting procedures, standards and fiscal accountability shall be regulated by law.
Article 186
National Audit Chamber (1) There shall be established an independent institution to be known as the National Audit
Chamber, consisting of persons of proven professional competence, experience, integrity and
impartiality.
(2) The National Audit Chamber shall set auditing standards for the whole country and supervise
the financial performance of all levels of government, including revenue collection and
expenditure, in accordance with the budgets approved by their respective legislatures.
(3) The President, with the approval of a two-third majority of all members of the National
Legislative Assembly, shall appoint from qualified professionals the National Auditor General
who shall be the head of the National Audit Chamber.
(4) To assume office, the National Auditor General shall take oath before the President.
(5) The office of the National Auditor General shall fall vacant under the following circumstances:
(a) removal from office by the President on the following grounds:
(i) serious violations of the Constitution or any other law;
(ii) gross misconduct, whether in performance of his or her office functions or
otherwise;
(iii) physical and mental incapacity to perform the functions of office;
(iv) incompetence or inefficiency;
(v) bankruptcy,
(b) resignation;
(c) by a resolution of two third majority of Members of National Legislative
(d) Assembly present and voting; or
(e) death.
(6) The National Auditor General shall be accountable to the President for the performance of the
Chamber.
(7) The National Audit Chamber shall assume auditing of the accounts of the National, state and
local government levels, independent commissions, public institutions and corporations and any
other institutions as may be determined by law.
(8) The National Auditor General shall present an annual report to the President and the National
Legislative Assembly or the Council of States, as the case may be.
(9) The National Auditor General and senior officials of the National Audit Chamber shall be
prohibited from engaging in all businesses in which constitutional office holders are not allowed
to engage, pursuant to Article 120 (2) of this Constitution.
(10) The law shall organize the National Audit Chamber and shall specify the tenure, functions, and
terms and conditions of service of the National Auditor General and the employees of the
Chamber.
CHAPTER VIII - INTERSTATE TRADE, COMMERCE AND LIABILITIES AND ASSETS
Article 187
Interstate Trade and Commerce
(1) Free interstate trade and commerce are guaranteed by this Constitution. No legislation or level
of government shall impede interstate commerce, the flow of goods and services, capital or
labour between the states and local governments.
(2) There shall be no levies, taxes or fees or any other charges on interstate trade and commerce.
Article 188
Government Liabilities and Assets (1) Any debt or liability incurred by any level of government shall be the responsibility of that level
of government.
(2) There shall be a fair and equitable division of government assets. An asset shall in the first
instance be allocated to the level of government responsible for the function in respect of which
the asset is related.
(3) In the event of a dispute, such dispute shall be referred to a committee consisting of a
representative of each of the parties involved in the dispute and a mutually agreed expert. The
decision of the committee shall be final and binding.
PART THIRTEEN - STATE OF EMERGENCY AND DECLARATION OF WAR
Article 189
Declaration of a State of Emergency (1) The President may upon the occurrence of an imminent danger, whether it is war, invasion,
blockade, natural disaster or epidemics, as may threaten the country or any part thereof or the
safety or economy of the same, declare a state of emergency in the country, or in any part
thereof, in accordance with this Constitution and the law.
(2) The declaration of a state of emergency shall be submitted to the National Legislature within
fifteen days of the issuance of the declaration. When the National Legislature is not in session,
an emergency session shall be convened.
(3) When the National Legislature approves the declaration of a state of emergency, all laws, orders
or measures issued or taken by the President pursuant to the state of emergency shall continue
to remain in force.
Article 190
Powers of the President in a State of Emergency During a state of emergency, the President may, by law or orders, take any measures that shall not
derogate from the provisions of this Constitution except as provided herein:
(a) to suspend part of the Bill of Rights; however, there shall be no infringement on the
right to life, prohibition against slavery, prohibition against torture, the right of non-
discrimination on the basis of race, sex, religious creed, the right to litigation or the right
to fair trial;
(b) to dissolve or suspend any institution of the National Executive;
(c) to dissolve or suspend any of the state organs or suspend such powers conferred upon
the states under this Constitution; and
(d) to take any such measures as deemed necessary to the state of emergency, which shall
have the force of law.
Article 191
Duration of a State of Emergency The duration of the measures relating to the state of emergency shall expire in the following cases:
(a) lapse of thirty days as from the date of issuance of the declaration if the
(b) National Legislature does not approve by a resolution the extension of its duration;
(c) lapse of the duration approved by the National Legislature; or
(d) issuance of a declaration by the President lifting the state of emergency.
Article 192
Declaration of War (1) The President shall declare war whenever the country is under external aggression and such
declaration shall be legal and enforceable subject to approval of the National Legislature by two-
thirds of all the members.
(2) The declaration of war shall be submitted to the National Legislature within seventy-two hours
of the issuance of the declaration if the National Legislature is in session.
(3) If the National Legislature is not in session, an emergency session shall be convened and the
declaration shall be submitted within fourteen days of its issuance.
PART FOURTEEN - CENSUS, REFERENDA AND ELECTIONS
CHAPTER I - CENSUS AND STATISTICS
Article 193
The National Bureau of Statistics
(1) There shall be a National Bureau of Statistics.
(2) The National Bureau of Statistics shall be an independent statistics bureau authorized, inter alia,
to:
(a) collect, compile, analyze and publish all official statistical information on economic,
social, demographic, environmental and general activities and conditions of the people
of South Sudan;
(b) conduct all censuses and surveys that are carried out throughout South Sudan;
(c) monitor and evaluate social impacts of public policies, projects and programmes; and
(d) monitor the progress of poverty alleviation and the attainment of the Millennium
Development Goals.
(3) The President shall appoint a Board of Directors and the Director-General of the Bureau. The
Board shall be the highest policy-making body of the National Bureau of Statistics; it shall
formulate policies and set its internal regulations, priorities, standards and criteria for all the
censuses and surveys to be carried out in South Sudan.
(4) The organization, structure and powers of the Bureau, and terms and conditions of service of its
personnel shall be regulated by law.
Article 194
Population Census
The National Government shall during the Transitional Period conduct a population census the
outcome of which shall, inter alia, determine the number of electoral constituencies for the next
general elections.
CHAPTER II - REFERENDA
Article 195
(1) Pursuant to Schedule A (30) herein, the President, or the National Legislature, through a
resolution passed by more than half of all its members, may refer for a referendum any matter
of public interest.
(2) Any matter submitted for a referendum shall be deemed to have been approved by the people
of South Sudan if it has obtained more than half of the number of votes cast.
(3) Any matter which has been approved by the people of South Sudan in a referendum shall have
authority above any legislation. It shall not be annulled save by another referendum.
CHAPTER III - ELECTIONS
Article 196
Running for Elections Whoever runs in any election shall respect and abide by this Constitution and the law.
Article 197
The National Elections Commission
(1) There shall be established within one month after enactment of the National Election Law, an
Independent Commission which shall be known as the National Elections Commission.
(2) There shall be enacted a National Elections Law within three months following the adoption of
this Constitution.
(3) The Chairperson, Deputy Chairperson, and Members of the Commission shall be persons of
proven integrity, competence, non-partisan and impartial, and shall be appointed by the
President in accordance with the provisions of this Constitution and the law.
(4) The structure, composition, functions, powers and terms and conditions of service of the
Chairperson, Deputy Chairperson, Members and employees of the Commission shall be
regulated by law.
PART FIFTEEN - MISCELLANEOUS PROVISIONS
Article 198
Coming into Force of this Constitution
This Constitution shall be assented to and signed by the President of the Government of Southern
Sudan, and shall come into force on July 9, 2011.
Article 199
Amendment of this Constitution This Constitution shall not be amended unless the proposed amendment is approved by two-thirds of
all members of each House of the National Legislature sitting separately and only after introduction of
the draft amendment at least one month prior to the deliberations.
Article 200
Continuity of Laws and Institutions All current Laws of Southern Sudan shall remain in force and all current institutions shall continue to
perform their functions and duties, unless new actions are taken in accordance with the provisions of
this Constitution.
PART SIXTEEN - TRANSITIONAL PROVISIONS AND THE PERMANENT CONSTITUTION PROCESS
CHAPTER I - TRANSITIONAL PROVISIONS
Article 201
(1) Upon the Declaration of Independence and statehood of the Republic of South Sudan, on July 9,
2011, the President of the Government of Southern Sudan shall:
(a) assent to and sign into law the amended Interim Constitution of Southern Sudan, 2005,
after its adoption by the Southern Sudan Legislative Assembly, which shall thereafter be
known as the Transitional Constitution of the Republic of South Sudan, 2011;
(b) be sworn in as the President of the Republic of South Sudan in the same ceremony;
(c) establish the Council of States in accordance with the provisions of Article 94 (3) of this
Constitution; and
(d) convene the National Legislature in accordance with the provisions of this Constitution.
(2) This Constitution shall remain in force until the adoption of a permanent constitution.
CHAPTER II - PERMANENT CONSTITUTION PROCESS
Article 202
National Constitutional Review Commission
(1) There shall be established by the President of the Republic a Commission to be known as
National Constitutional Review Commission within six months from coming into force of this
constitution.
(2) The President of the Republic shall, after consultation with the Political Parties, civil society and
other stakeholders appoint the Chairperson, Deputy Chairperson and members of the
Commission.
(3) The term of reference of the Commissions, its procedures shall be detailed out in the instrument
of the appointment.
(4) The Commission shall submit its report to the President after one year of its establishment.
(5) The Commission shall be established with due regard for gender, political, social and regional
diversity of South Sudan in recognition of the need for inclusiveness, transparency and equitable
participation. Each member of the Commission shall have the requisite competence and
technical expertise and experience to contribute to fulfilling the mandate of the Commission.
(6) The Commission shall review the Transitional Constitution and collect views and suggestions
from all the stakeholders including any changes that may need to be introduced to the current
system of governance.
(7) The Commission may seek the assistance of other experts.
(8) The Commission shall conduct a nation-wide public information programme and civic education
on constitutional issues.
(9) The Commission shall adopt its own rules of procedure.
(10) The Commission shall adopt and present the Draft Constitutional Text and an Explanatory
Report to the President one year after its formation.
(11) The President after receiving the Draft Constitutional Text and the Explanatory Report shall
present the same to the Constitutional Conference as established below for deliberation.
Article 203
National Constitutional Conference (1) Upon the presentation of the Draft Constitutional Text and Explanatory Report by the
Commission, the President of the Republic shall, after consultation with relevant stakeholders,
constitute and convene a National Constitutional Conference comprising delegates representing
the following categories:
(a) Political Parties;
(b) civil society organizations;
(c) women organizations;
(d) youth organizations;
(e) faith-based organizations;
(f) people with special needs;
(g) Traditional Leaders;
(h) war widows, veterans and war wounded;
(i) business leaders;
(j) trade unions;
(k) professional associations;
(l) the academia; and
(m) other categories to be determined.
(2) Each of the categories in sub-Article (1) above shall nominate its delegates and present them to
the President for appointment to the National Constitutional Conference.
(3) The National Constitutional Conference shall:
(a) formulate its rules of procedure;
(b) deliberate on the Draft Constitutional Text;
(c) keep the public informed of its proceedings which shall be conducted in a transparent
manner and open to the media; and
(d) approve and pass the Draft Constitutional Text by simple majority of all the delegates.
(e) submit the Draft Constitutional Text to the President within six months.
(4) A Judge of the Supreme Court of South Sudan shall be the Chairperson of the National
Constitutional Conference. The Conference shall have a Secretariat.
(5) The National Constitutional Conference shall commence its work as soon as it receives the Draft
Constitutional Text and the Explanatory Report from the President.
(6) The National Constitutional Conference shall approve the Draft Constitutional Text and the
Explanatory Report and the Conference shall thereafter be considered dissolved.
(7) The President shall, upon receipt of the Draft Constitutional Text, cause the same to be tabled
before the National Legislature, at least one year before the end of the Transitional Period, for
deliberation and adoption within three months.
(8) The Speaker of the National Legislature shall thereafter present the adopted Constitution to the
President for assent and signature.
Schedule (A) - National Powers
The exclusive legislative and executive powers of the National Government shall be as follows:
1. The adoption or amendment of the National Constitution;
2. National Defence, National Security and Protection of the National Borders;
3. Foreign Affairs and International Representation;
4. Nationality and Naturalization;
5. Passports and Visas;
6. Immigration and Aliens;
7. Currency, Coinage and Exchange Control;
8. The Judiciary;
9. National Police;
10. Establishment and Maintenance of National Prisons, Wildlife and the Fire Brigade Services;
11. Postal Services;
12. Civil Aviation;
13. Regulation of Airspace;
14. River Transport;
15. Beacons;
16. Navigation and Shipment;
17. National Lands and National Natural Resources;
18. Central Bank, the incorporation of commercial banks, issuing of currency, and regulation of
banking system and insurance policy;
19. Bills of Exchange and Promissory Notes;
20. Weights, Measures and Standards, Dates and Standards of Time;
21. Meteorology;
22. National Institutions;
23. Customs, Excise and Export Duties;
24. Intellectual Property Rights;
25. International, regional and bilateral treaties and conventions;
26. State of Emergency;
27. International and Inter-State Transport, including roads, airports, waterways, river ports and
railways;
28. National Museums and National Heritage Sites;
29. The management of the Nile Waters, trans-boundary waters, national rivers and lakes;
30. Elections and referenda at all levels of Government;
31. Regulation of Political Parties;
32. Security and military forces;
33. Borrowing;
34. National Planning;
35. Appointments and emoluments of national constitutional post holders;
36. The determination of salary structure and allowances for public sector employees including the
fixing of the minimum wage for both the public and private sectors;
37. Regulation of National Civil Service;
38. Development of financial resources for the National Government;
39. The co-ordination of services or the establishment of minimum national standards or uniform
norms in respect of any matter or service referred to in Schedule B or Schedule
C, read together with Schedule D, with the exception of Item 1 of Schedule B;
40. National taxation and revenue;
41. National budgets;
42. National public utilities;
43. National flag, emblem, anthem, coat of arms and medals;
44. National reconstruction and development;
45. Telecommunications, and national information, publications and mass media;
46. Rehabilitation of and benefits to disabled war veterans, orphans, widows and care for the
dependents of deceased war fallen heroes and heroines;
47. Any matter relating to an item referred to in Schedule C that cannot be dealt with effectively by a
single state and requires National legislation or intervention;
48. National census, surveys and statistics;
49. National identity cards and any other appropriate documentation;
50. Traffic regulations;
51. Non-governmental, civil society and faith based organizations;
52. Incorporation of companies and registration of business names;
53. National Public Holidays;
54. National Capital territory;
55. Names of states, state capital towns and state boundaries;
56. Regulation of professional associations and trade unions;
57. Licensing of Firearms; and
58. Any other function as may be authorized by this Constitution and the law.
Schedule (B) - Powers of States
The exclusive executive and legislative powers of a state shall be as follows:
1. Adoption or amendment of the state constitution subject to conformity with the National
Constitution;
2. State Police, Prisons, Wildlife, Fire Brigade Services;
3. Local Government;
4. State information, publications and mass media;
5. Social Welfare including state pensions;
6. The state Civil Service;
7. State Land and state Natural Resources;
8. Cultural matters within the state;
9. Regulation of religious matters;
10. Internal and external borrowing of money on the sole credit of the state within the National
macro-economic framework;
11. The management, lease and utilization of lands belonging to the state;
12. The establishment, maintenance and management of state prisons and reformatories;
13. Establishment, regulation, and provision of health care, including hospitals and other health
facilities;
14. Regulation of businesses, trade licenses, working conditions, hours, and holidays within the state;
15. Local works and undertakings;
16. Registration of marriage, divorce, inheritance, birth, death, adoption and affiliations;
17. Enforcement of National and state laws;
18. The development, conservation and management of state natural resources and state forestry
resources;
19. Pre-school, primary and secondary education;
20. Agriculture within the state;
21. Airstrips other than international and national airports managed by the civil aviation authority;
22. Intrastate public transport and roads;
23. Population policy and family planning;
24. Pollution control;
25. State statistics, and state surveys;
26. Charities and endowment;
27. Quarrying;
28. Town and rural planning;
29. State cultural and heritage sites, libraries, museums and other historical sites;
30. Traditional Authority and customary law;
31. State finances;
32. State irrigation and embankments;
33. State budgets;
34. State archives, antiquities and monuments;
35. State taxes;
36. State public utilities;
37. Vehicle licensing;
38. Fire control and ambulance services;
39. Recreation and sport within the state;
40. Flag and emblem of the state;
41. Issuance of driving licenses and number plates; and
42. Customary law courts.
Schedule (C) - Concurrent Powers
The National and state governments shall have legislative and executive competences on any of the
matters listed below:
1. Economic and Social Development;
2. Tertiary education and scientific research;
3. Health policy;
4. Urban development, planning and housing;
5. Trade, commerce, industry and industrial development;
6. Delivery of public services;
7. Banking and insurance;
8. Bankruptcy and insolvency;
9. Manufacturing licenses;
10. River transport;
11. Disaster preparedness, management and relief and epidemics control;
12. Electricity generation and water and waste management;
13. Information, Publications, Media and Broadcasting;
14. Environmental management, conservation and protection;
15. Relief, Repatriation, Resettlement, Rehabilitation and Reconstruction;
16. Subject to regulation by and approval of the National Government, the initiation, negotiation and
conclusion of Bilateral and Regional Agreements on culture, sports, trade, investment, credit, loans,
grants and technical assistance with foreign governments and foreign non-governmental
organizations;
17. Financial and economic policies and planning;
18. Empowerment of women;
19. Gender policy;
20. Pastures, veterinary services, and animal and livestock disease control;
21. Consumer safety and protection;
22. Residual powers, subject to Schedule D;
23. Mother, Childcare and protection;
24. Water Resources other than interstate waters;
25. Matters relating to taxation, royalties and economic planning;
26. Human and animal drug quality control;
27. Regulation of land tenure, usage and exercise of rights in land;
28. Matters relating to businesses, trade licenses and conditions of operation;
29. Natural resources and forestry;
30. Fire control and ambulance services;
31. Prisons and reformatories;
32. Firearms control; and
33. Recreation and sports.
Schedule (D) - Residual Powers Residual powers shall be dealt with according to their nature. If the power pertains to a national
matter, requires a national standard, or is a matter which cannot be regulated by a single state, it
shall be exercised by the National Government. If the power pertains to a matter that is usually
exercised by the state or local government, it shall be exercised by the state or local government.
Schedule (E) - Resolution of Conflicts in Respect of Concurrent Powers If there is a contradiction between the provisions of National law and a state law on the matters that
are concurrent, the National law shall prevail to the extent of the contradiction.
